KevinH (Texas)
Posts: 53
Posts: 53
Posted:
If a lien is placed on a homeowner's property by the HOA due to a collections effort (HOA assessments in arrears, etc), than who is responsible for releasing the lien (ie. filing with the county) after those amounts have been settled? (The HOA or the Title company)
I ask, because the prior owner of my property had a lien on the property from the HOA. At the time I purchased the home, the lien was still present (apparently the release of lien was not properly filed with the county). Yet the amount between the old homeowner and the HOA was apparently resolved. During the purchase, my title company finally stated the lien was cleared and the purchase could proceed. 6 years later, during an attempt to refinance the property, I discover the lien still exists under the old homeowner's name.
Our management company and HOA president feel it was the responsibility of the title company to release the lien properly and have it filed with the county. It seems to me, that it would be the responsibility of the HOA first, since they placed the lien in the first place. Since it was discovered during the sale of the home, the Title company could have followed through and ensured the release of lien was properly filed, but I am less certain of their responsibility.
It just seems chasing down the title company 6 years later to pay for the filing fee seems more work than it's worth. That the HOA should just honor the request to release the lien, pay the filing fee, and move on.
Could someone clarify?
I ask, because the prior owner of my property had a lien on the property from the HOA. At the time I purchased the home, the lien was still present (apparently the release of lien was not properly filed with the county). Yet the amount between the old homeowner and the HOA was apparently resolved. During the purchase, my title company finally stated the lien was cleared and the purchase could proceed. 6 years later, during an attempt to refinance the property, I discover the lien still exists under the old homeowner's name.
Our management company and HOA president feel it was the responsibility of the title company to release the lien properly and have it filed with the county. It seems to me, that it would be the responsibility of the HOA first, since they placed the lien in the first place. Since it was discovered during the sale of the home, the Title company could have followed through and ensured the release of lien was properly filed, but I am less certain of their responsibility.
It just seems chasing down the title company 6 years later to pay for the filing fee seems more work than it's worth. That the HOA should just honor the request to release the lien, pay the filing fee, and move on.
Could someone clarify?
If you cannot see the forest for the trees, back up and get a better view. Don't start to clear a path while still blind.