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PabloC (Georgia)
Posts: 4
Posted:
my property in Georgia, can HOA place lien in real state record without judgment? and, if yes what long time it takes the lien expire from the record
(remember i said make lien with no judgment no court just lien only)....

thanks for everybody
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, a lien already exists per your deed restrictions (covenants).
When the HOA files a lien in court they are actually perfecting the lien that you already agreed to when you purchased your home.

Recommend reading the following article:

Georgia HOA Foreclosures from nolo.com The article identifies applicable statutes and lien laws.

Hope this helps,

Tim

TimB4 (Tennessee)
Posts: 21,059
Posted:
If you are behind in paying assessments, I would strongly suggest bringing your account current. If you can't pay all at once, try negotiating a payment plan.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A lien is a judgement. It's just a different type. It means one can't sell their property till the money owed is settled. Typically a HOA can file a lien or foreclose on that lien without any type of lawsuit. The HOA can file a lawsuit and get a "Judgement" but that is one the court ordered. It just doesn't have the same consequences as a Lien as it doesn't prevent one from selling their property.

Liens are much stronger than court judgements. Either way, if you owe your HOA money it's just best to pay ASAP...

Former HOA President
NigelB (Texas)
Posts: 254
Posted:
Quote:
Posted By MelissaP1 on 03/27/2018 4:05 PM
A lien is a judgement. It's just a different type. It means one can't sell their property till the money owed is settled. Typically a HOA can file a lien or foreclose on that lien without any type of lawsuit. The HOA can file a lawsuit and get a "Judgement" but that is one the court ordered. It just doesn't have the same consequences as a Lien as it doesn't prevent one from selling their property.

Liens are much stronger than court judgements. Either way, if you owe your HOA money it's just best to pay ASAP...

A lien is not a judgement.

A lien is a security interest filed against the property to secure payment of a debt. The right of an HOA to file a lien against property is contained in the governing documents of the HOA and it is an agreement between the property holder and the association. The governing documents are filed in the court of record and become part of the title to the property at the time of purchase.

By filing the lien, the HOA is claiming that they are owed a debt, the lien may be settled by payment of the debt, or by contesting the lien in a court of law. If the lien is not satisfied, the HOA has the option of foreclosing on the property, obtaining title and selling the property to settle the debt, but realistically that is a very difficult thing to do. Further, a lien does not prevent the sale of a property, it merely requires that in order for the property to be sold that the lien be settled, which can be done through the proceeds of the closing.

One of the problems with allowing a lien to continue without settling is that charges continue to add up, late charges, interest, attorneys fees, and possibly court costs, all of which may legally be added to the debt.

The best thing to do is to enter into negotiations to pay off the debt either outright or through a payment plan.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MelissaP1 on 03/27/2018 4:05 PM

Liens are much stronger than court judgements.

That's simply not true.

A lien is attached to property. A lien is paid when the property is sold or when the owner finally resolves the debt.

A judgement is a court order. With a judgement, I can garnish wages, lay claim to tax refunds, confiscate bank accounts, etc.

Is a Judgment the Same As a Lien & Which One Is Worse?

PabloC (Georgia)
Posts: 4
Posted:
thank you
DouglasM6 (Arizona)
Posts: 724
Posted:
In AZ, the Lien is already attached to the property. During a sale, the buyers are advised of any arrears. That is how that lien works. If I wanted to actually record a lien with the county, I'm 99.999% sure that requires a ruling from a court.

Please disregard Melissa's comment, she is mistaken.
PabloC (Georgia)
Posts: 4
Posted:
may you explain what do do you mean there is already lien ? i bought this property from person he signed quitclaim deed then i submitted at county deed record office,
PabloC (Georgia)
Posts: 4
Posted:
if HOA filed lien, do you know how long lien to expire in georgia
thanks
TimB4 (Tennessee)
Posts: 21,059
Posted:
Liens can also be renewed. Therefore, an expiration really isn't something to go by.

Look up you local lien laws online. My guess would be 5-10 years.
However, If it were in my Association, I would start foreclosure proceedings (foreclosing on the lien) way before it expires.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
PabloC,

The lien will not go away....or don't expect it to unless your account is brought out of delinquency. It's a simple fix but it's on you and your budget.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By PabloC on 03/29/2018 6:19 AM
may you explain what do do you mean there is already lien ? i bought this property from person he signed quitclaim deed then i submitted at county deed record office,

Pablo

Most Covenants say the association has an automatic lien on the property. This does not mean money is owed, violations exist, etc. It is simply a method for the association to ease the way for filing a specific lien if ever needed. Do not be concerned. It is quite typical though many do not know it exists.

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