Dues owed by out of state lot owners

Started by BobJ3 • 10 replies • 2143 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BobJ3 (Texas)
Posts: 1

Posted:

I am in Texas and we have several outstanding due for lot owners now residing out of state. They pay their real estate taxes,but have stopped paying due and maintaining their property. They do not respond to certified mailings. We are trying to run them down and have look at going to court in other states where permitted. Some states do not allow small claims filed from out of state persons. We are a small association with limited resources.
I know other have had similar problems and would like to her any suggestions.

BobJ3

BrianB (California)
Posts: 2,820

Posted:

file a lien on the property in your state.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Exactly, file a lien in your state.

Why would you have to go to small claims in their state?

Their property, and your claim, is in your state.

AnnJ2 (Colorado)
Posts: 120

Posted:

filing the lien is only that filing a lien and does not create the income from back owed dues or get the property maintained. filing a lien is a perfection of a lien that is already in place with the purchase of the property but can act as a reminder that there is a debt owed and puts others on notice of said debt.

If you can't get service on the owners then they will not know the lien was filed so no effect by that act alone. File the lien then foreclose the property.

before the foreclosure I would recommend pulling an o&e report and sending a notice to the lender about the state of the account and the property and the assocaition's intent on foreclosure as a method of collection of the debt. Get the lender on your side if possible.

when it comes to service about the foreclosure there are laws I am sure that allow for substitute of personal service with public service announcement ie placing an add in teh paper or several papers for a specified period of time in lieu of personal service.

EverettC (Maryland)
Posts: 90

Posted:

Bob, you can file suit in small claims court in Texas. Since the debt arose where you are, the courts have jurisdiction over the owners, even if they are out of state. Once you get a judgement, collecting it may be a problem as you will probably have to sue on the judgment in the state of residence.

Or, as others have suggested file the lien.

The Texas Bar Association has published an article on suing in small claims court. Google "Texas small claim Court" - the link is too long to paste.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Everett, and others:

Just as an FYI, if you have a link that you want to post in an email or in a forum and that link is uberlong, go to a website called Tiny Url ( www.tinyurl.com )

You paste the long link into the form and they convert it to a teeny tiny url for you.

Here's an example:

Original URL:

http://www.scientificamerican.com/article.cfm?id=plug-in-hybrids

Tiny-ized URL:

http://tinyurl.com/oj7zfp

Oila! From 64 characters to 25 in a simple copy-and-paste form!

EverettC (Maryland)
Posts: 90

Posted:

Thanks -learn something new every day, especially on this board!

EverettC (Maryland)
Posts: 90

Posted:

Here is the link to the Texas Bar Association article on small claims court filings, tiny-urled:

http://tinyurl.com/5bjzsv

Everett

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Michele writes:

>>>Oila!<<<

Hmmm. With 1 year of francais in undergrad and some trips to Paris and the environs, I'll speculate this is a typo or a variation of "voila." Voila can be translated (depending on the speaker and point-of-view) as either "Here it is" or "There it is." Literally, pretty sure it means "See it." For instance, a waiter might mean the former when delivering a meal, or the latter when pointing to the men's room. I s'pose it could mean "Here's your gasoline," though that doesn't fit with the context used here.

In any event, please don't pronounce "voila" as Katie Couric (and others) do.

Vwah-la = good.
Wah-la = bad.

I'm here all week, folks. Try the blue plate special.

MicheleD (Kentucky)
Posts: 4,491

Posted:

it was a typo.

tanks.

That was a typo, too.

tanks agin.

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Michele,

Vous êtes une femme très gentille et honnête, mon cher.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here