Foreclosures and Liens

We (the board) recently recieved noticed that the mortgage holder is foreclosing on one of the homes in our HOA. The homeowner was late on his yearly fee but not late enough that required warnings or a lien. Some on the board would like to send the property to the lawyer to lien the home for the $150 yearly fee. I say a lien at this point is not going to do any good, and the lawyer fees are going to be more than the $150. Better to wait until the financial institution ownes the house and then inform them of the fee. Is that correct?

About $25 to file a lien in South Carolina if you do it yourself.

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South Carolina

* 1 Find the name of the South Carolina real property owner. Also, locate the address of the property. Jot down the name of local landmarks, such as a school, to help identify the property on a map. For instance, in Charleston, South Carolina you may use Burke High School as your landmark.

* 2 Visit the courthouse in the county in South Carolina where the real property is located. Choose the county from the map listed in the references under "Choose Your SC County." View the county map and locate the courthouse.

* 3 Go to the Tax Assessor's office first. Locate the South Carolina property on the tax map. Write down the lot and block number or the metes and bounds number to help locate the correct property deed.

* 4 Visit the office of the Register of Deeds in the courthouse. Gets a copy of the deed matching the property description and owner's name.

* 5 Request a copy of the form required in South Carolina to file a lien on the real property. Each county has a unique form, so ask the Register of Deeds to provide it for you.

* 6 Submit the completed form to the Register of Deeds. Pay the fee required to file and record the lien, which is generally $25 in most South Carolina counties.