Filing a Lien

Started by NickK3 • 4 replies • 1526 views

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NickK3 (Georgia)
Posts: 1

Posted:

I have a home owner that has placed their property for sale and have moved out of the house. The house is now vacant. They have not paid their dues for several years. I want to place a lien on their property in Georgia but I do not know where to obtain the documents to file the lien. The Clerk of Courts says they cannot supply the forms because they cannot provide legal advice. If I go through our management company they charge $100 to contact the lawyer who will charge an additional $200 to file the lien. Anyone know where I can get these forms?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Liens may require a lawyer. You may also contact a legal service. The Clerk can NOT provide you legal advice and maybe not even the forms. We had to use a lawyer and it cost about $400. However, that money got back to us as part of the lien. Legal costs, interest, late fees, and back dues are part of the lien. Once filed it continues till it is paid or or the home sales. There are some legal time limits but check with your state. Best to do it ASAP and send it all certified mail. I recommend sending notices to BOTH addresses in the HOA and where ever they moved to if you know.

BTW... I would recommend starting a lien/foreclosure policy. Ours is 6 month behind lien. 1 year behind we CONSIDER foreclosure.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nick,

Lien laws vary by State.
You may need to utilize an attorney for your State/County, otherwise I would have expected the clerk to provide you with the form.Keep in mind that there are also specific notice requirements that must be complied with and have the proper terminology (another reason to utilize an attorney).

Here is some info that may help:

Filing A Property Lien in GA Thread on this forum (please do not post to it and reactivate. Simply use as a reference)

Nuts & Bolts of Association Collections Article from an Atlanta law firm

Georgia Mechanics Lien: Step-By-Step Guide To Filing Your Claim the two day notice to the owner about the lien is an interesting requirement

GEORGIA MECHANIC’S LIEN LAW WITH CHANGES MADE FOR 2013

One interesting note from the article [emphasis added]:

The courts consider a mechanic’s lien to be a privilege and not a right. You receive its benefits only if you strictly adhere to the state law requirements. Bottom line: miss a deadline by one day and you have lost it. Unlike other areas of the law where you can argue equities, find technical exceptions, and lawful excuses, there is no forgiveness here. In this case, knowledge is not only power, it’s a necessity

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By NickK3 on 04/11/2016 2:21 PM
If I go through our management company they charge $100 to contact the lawyer who will charge an additional $200 to file the lien.

So why not call an attorney directly and save $100? Your association should have its own attorney anyway. If your management company does not know how to record a lien it may be a good time to search for a new MC.

Quote:

Anyone know where I can get these forms?

Go to the recorder's office (or website) and search for liens recorded by other HOA's. Copy the form, change the names, print, sign, and record.

I am not at all familiar with Georgia law but I would have a hard time believing that there is some sort of statutory requirement for an attorney's signature on a lien. I strongly doubt, too, that there is a statute prohibiting non-attorneys from presenting documents for recording to the county clerk.

BobD4 (up north)
Posts: 1,002

Posted:

Good advice above.

Lawyers & paralegals may not be too pleased with jurisdictions which 'prescribe' specific minimum wording eg standard form condo liens prescribed to supplement formal legislation.

These appendixed or scheduled forms however may be abused in the hands of DIY self-lieners, which of course would NEVER occur if done by lawyers or paralegals . . .

Some condo lawfirms in my jurisdiction accept online instruction that tries to put the onus on condo corporations to accept responsibility for whatever they are claiming to the lawfirm.

Some DIYers here fail to be aware of jurisdiction-specific time limitations that may ultimately invalidate the lien upfront. Or that may conversely allow it to die if unactioned within a timeliness deadline. Some fail to entrench interest accruing formulas.

Hiring a professional is often a worthwhile recoverable cost in the absence of skillsets or to minimize consumer abuse. . .

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