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    rewkatz's Avatar
    rewkatz Posts: 1, Reputation: 1
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    #1

    May 14, 2012, 06:41 PM
    Judgement lien on debtors property
    Debtor owns a condo, and filed a reverse mortgage, now he is unable to live alone on the property and is in a retirement home. He owes HOA dues from Dec. 2011. We've (HOA association) have tried to get the mortgage co holding the reverse mortgage to pay the dues until they sell the property. After 5 months of sending them requests, we feel that our only alternative is to file a lien on the property. This way we will be protected when the mortgage co tries to sell the property after the owner passes. (which due to his health may not be to long off).
    Can we try to file a judgement lien on this unit?
    I realize that we will have to attempt to get the money from the owner, and then after sending him statements certified for 90 days, we should be able to file the lien?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    May 14, 2012, 06:58 PM
    Quote Originally Posted by rewkatz View Post
    Debtor owns a condo, and filed a reverse mortgage, now he is unable to live alone on the property and is in a retirement home. He owes HOA dues from Dec. 2011. We've (HOA association) have tried to get the mortgage co holding the reverse mortgage to pay the dues until they sell the property. After 5 months of sending them requests, we feel that our only alternative is to file a lien on the property. This way we wil be protected when the mortgage co tries to sell the property after the owner passes. (which due to his health may not be to long off).
    Can we try to file a judgement lien on this unit?
    I realize that we will have to attempt to get the money from the owner, and then after sending him statements certified for 90 days, we should be able to file the lien?
    Certainly... and I would not wait...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 15, 2012, 03:53 AM
    Read the by-laws. A lot of the HOA by-laws I've seen permit an HOA to file a lien for unpaid dues without going to court for a judgment.

    If you have to file suit, then do so immediately.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 15, 2012, 04:26 AM
    Quote Originally Posted by ScottGem View Post
    Read the by-laws. A lot of the HOA by-laws I've seen permit an HOA to file a lien for unpaid dues without going to court for a judgment.

    If you have to file suit, then do so immediately.
    Chances are, the by-laws permit it. But does state law? Which state are you in?

    Doesn't your HOA have an attorney who can answer these questions? A HOA without an attorney is like a ship out of water.
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