probate

Started by BB2 • 3 replies • 1684 views

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BB2
Posts: 36

Posted:

Our by-laws allow for a lein to be filed sixty days after non payment of dues/assessments.
A homeowner was $1000.00 past due and notified of this. Current Pres. claims because the property went into "probate" a lein could not be filed and the money went uncollected. Is this true?

SusanW1
Posts: 5,197

Posted:

Probably the lein should have been filed long ago. It MAY be too late, depending on your state laws. Taxes must be paid, but I don't know about past homeowner's dues. Can you talk to the property's Representative?

The new owners won't be responsible for it, for sure.

MaryA1
Posts: 6,993

Posted:

BB,

I'm not an attorney so I can't say. However the fact that the property went into probate means the property owner is now deceased. When an estate is in probate all debts must be paid; therefore I would think that should include the HOAs debt. I would try to find out who the executor of the estate is and send them a delinquency notice; also include the last delinquency notice sent to the deceased property owner.

KirkW1
Posts: 1,659

Posted:

Nobody here is qualified to tell you if the funds can be collected or not. Certainly the lien should have been filed. If it had then you would likely have your money today.

In the meantime you should contact an attorney qualified in HOA law in your state to discuss the past due amount.

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