filing liens on property

Started by KenM4 • 8 replies • 1907 views

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KenM4 (Texas)
Posts: 3

Posted:

we have several properties in our subdivision that are way behind in dues. recently we had one owner remove thier trailer and left a huge mess. we cannot locate owner. we have another that is being forclosed on for taxes, but still has dues that are owed. we need to find out how to file a lien against these proeties. our covenants show that we can enforce liens for past dues...how should we go about filing for liens. we have no attorney that we can afford to do this for us

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

It may be worth your while to have an attorney draft the FIRST one, that way you could use it as a template for any additional that you may have to file later on.

RogerB (Colorado)
Posts: 5,067

Posted:

Ken, once the property has been foreclosed it is too late to file a lien. However, if your Covenants allow going after the owner that is a possible alternative if you can find them and they have assets. Otherwise write it off as bad debt.

Regarding the lot with a huge mess you could send a violation notice to the last address of record and post a copy of that letter on the property. With no response you may be able to levy a fine and if there is no response you may be able to file a lien for the amount of the fine plus assessments, cost of filing the lien, and other costs for which the property is responsible. You could also file the Covenant violation letter with the County Clerk and Recorder.

Also, I recommend getting the help of an attorney. Can your HOA afford not to?

KenM4 (Texas)
Posts: 3

Posted:

we are pretty low on funds, but will take your advise and talk with our lawyer...thank you

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

The only reason you need a lawyer is to hire him to look over your CCRs and bylaws and make sure you have the right to lien. Then he will write up a proper lien based on your association docs and then file it for you.

Once you know your docs are in order and you have the template, you can just change the name to the next owner and file another lien yourself.

LynetteB (Texas)
Posts: 141

Posted:

Ken,
Does your association have a Policy in place for assessments? If not, then you need to write one, and follow it the same with each member. (date dues are due, approximate time interest will be assessed, date letter will be sent, date certified letter will be sent, date lien will be filed, date further action will take place.)
Texas law requires certain steps to be taken and a certain amount of time to pass prior to foreclosure. There are also certain items that must be stated in the lien. This can all be found in the Texas Property Owners Protection Act, Vernon's Texas Civil Statutes and the Business Organization Code chapter 22 - Non Profit. It is very possible to do this without a lawyer, but if it is not proper, you could be wasting time. As others recommended, the first one approved by a lawyer would be best. To save money, you could go over the laws listed, draft your own based on them, search for other samples to compare and present your draft to the lawyer.

Something else I would recommend is to go to your County Appraisal website and look up the properties that are the most delinquent. (you could enter the address and they should come right up) This will show the current owner and last known address, the amount of taxes owed on the property and the counties value of the property. (it won't show if there is a mortgage on the property). This info would be good especially for the one you said may be foreclosed for taxes. We have actually found property that had changed hands without our knowledge by looking on the Appraisal site. (most appraisal sites are electronic now and update ownership changes within a week or less).

Since you are in Texas, I could provide you our samples if you want to post your email.

KenM4 (Texas)
Posts: 3

Posted:

Lynette, thanks for your advice. we do have most of those in our restrictions and by laws. i have also looked up the properties and have last known addresses. the problem is that we are having to work with a short budget and we do this as we can on a time permitiing basis. we are new to having such problems and in the past most of these issues where just overlooked. this is why we are in such a bind now. if you have anything that might help us, it would be greatly appreciated...ken [email protected]

LynetteB (Texas)
Posts: 141

Posted:

I will help in any way I can.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Filing a lien is free or at little administration costs. However, if you do use a lawyer, then that cost can be added onto the amount owed for the lien. Your on a good start on finding out who the owner's are. The Tax Assessor's office is the place to go to find out such information. Although it may not be up to date up to 6 months.

Another good source I found is the LEGALS section in the classified ads in the local newspaper. They post foreclosure or default information there. It's may not be every day. Ours only publishes this 2 times a week. However, this is where legally PUBLIC notifiation of default is placed. That way a person can't say they haven't been notified as it is a public source. If the property is being foreclosed on then do NOT do any foreclosing actions. However, do go and file the lien before the bank finishes the foreclosure. This happened to me on a few occassions where I found a property that owed us money in the midst of a foreclosure. We were able to get our name on the list of owers.

Former HOA President

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