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.