Lien for unpaid HOA fees

We have a home in our subdivision that is in foreclosure and next month will go up for auction on the courthouse steps. We want to file a lien on the house so that we can get last years & this years HOA fees. Can anyone tell me the process?

Thanks

As Steve said you probably won't get anything especially filing this late. To file a lien is rather simple, you fill out a lien form and file it with the local court. If you have never done one before you might consider having the HOA attorney do the first one so you will have a template to work from. I believe you also must give notice before filing the lien but I didn't read the whole thing. Here are a couple of websites with information you might be able to use:

http://www.adorno.com/uplds/docs/GlenRubinThe%20issue%20in%20the%20foreclosure%20environment%20.PDF

http://www.wncwlaw.com/services/community_associations/poa.cfm

John,

You can't squeeze blood from a turnip! Many people in this predicament do not have the resouces to pay off all their debts. Some are even forced to file for bankruptcy. My assn turns over these cases to our attorney who does a credit report to determine what their finances might be and if it would be practical to file a lien or just write off the account as a bad debt.

Mary: You are dead wrong an so is your lawyer. We file on average 24 to 38 liens a year we found a law firm that does it on a set price for the entire process. At 2 months behind the owners get a final warning from our MC. At month 3 they are sent to our SHARKS they send a final warning second letter. The account is then sent permanently to the law firm we are not allowed to converse with the owners are nothing they become persona non grata. At month 4 a lien is placed n the home for the 420 they owe us as well as a $1500 tag on fee for a total of $1920. now before you start crying about thats robbery stop and let me finish. The reason is the 1500 is the lawyers fees which are legal in Florida I only know Florida law period. Why the fee 2 reasons

1. To get people to pay and pay on time making the hioas assessments #2 on the who to pay list

2. So the rest of the members do not have to support the lazy procedures of the members who refuse topay on time. We hve been doing this for 21 years with a 99% sucess rate.

You folks have got to remeber you are running a business not a social club in 21 years we have never written off bad debt we refuse to do it and baby I had 21 empty houses at 1 tme down to about 6 now. I get very creative on collecting monies owed my HOA an I sure dont want some NFP institution taking over my hoa where I have to pay the executer of the bankruptcy an additional 150,000 a year when my members are not paying s now at $105 a year we startewd out 21 years ago at $60 a month an now its 105 an if I had not just resigned iwas gonna make it 100 next years budget get serious about running the business you are in charge of an stop acting like the US Congress...

John & Steve,

You have to look at how much they owe and how much it will cost to pursue the debt. If the debt is $150 and it would cost $250 to pursue, it makes more sense to write it off as a bad-debt. I might add this is only done for homes that are in foreclosure.

Folks stop the train. What is the purpose of a fine at all? Its to educate and inform when people get hit in the purse they do not forget not to do it again how much people owe counts as nada thats why we add 1500 to what they owe so they never ever do it again understand thats the twin pur[poses of a fine

1. Make them cease and detest
2. So they dont do it again because if you dont when it suits them they will violate again and again

So did you get the judgment?

Steve, we are not going to win the judgment at this time because we have learned that there will most likely be a bankrupty filed after they loose the house.The house is way upside down of course. There were health issues involved and they are claiming that is what put them into financial turmoil, however, the tax liens were in place well beofre the illness.Because he is a lawyer, he has been able to stall the government on these huge IRS liens for a few years.In fact, because he is an attorney, he has the capability to totally run up the legal tab for the HOA who are his neighbors.He can actually supoena Board member computers, past board member computers as well as committee members, just to name a few of the cranks that he can turn at NO COST TO HIM! Truth is, we are going to have to drop the judgment YET he can still pursue his counterclaim.Bottom line on all of this garbage is to know who you are dealing with. The other foreclosure we have is moving swiftly because the owner has no money or legal trickery to battle the system.

Steve, The case was turned over to the HOA insurance attornies and they advised us that we should just drop it because there is nothing to get from what they can tell.With the owner owing 2million in state and fed tax liens, there is nothing to get.We are keeping the case open or however you say that and we are hopeful that the owner will drop the counterclaim.If he does not, the insurance company will have to defend us and as I understand if, if the HOA were to forge ahead AGAINST the advice of the ins. atty, we would have to incurr expenses! It all seems outrageous and in the meantime, the owners live FREE from all expenses and the bank will NOT foreclose on them.Very frustration, but more disgusting because of the attitude of these owners.Years ago if you had property foreclosed or even a lien filed, there was some stigma, but not anymmore.Society has changed and not for the better.IMO

In Colorado, HOAs have what is called a Super Lien which places them first, in front of a mortgage company, for collection of the past 6 months assessments. Therefore, we always file liens.

In over 20 years we have not had any problem with our HOA dues being paid but now we are about to send out letters to a couple of people who have the money to pay but are unconcerned. After reading this discussion, I am thinking that we should get go to small claims court.

Rutha, first your HOA needs a written collection policy stating the steps the HOA will undertake if the assessment is not paid. It needs to be reviewed by the HOA attorney to make sure it conforms to your documents and any applicable laws. After it is approved it needs to be given to all members so that they know the consequences for not paying. Then the hard part; it needs to be followed consistently. I can't think of a bigger way for a Board to get into hot water than to make it up as they go.

It is easy to bring a lien on someones property, but they are only good for one year in Florida. You must have an attorney to foreclose. They will not foreclose if the amount of Homeowners dues are less than 20% of the value of the home.Plus attorneys are very expensive.

Betty, like John, I believe you have incorrect information. We have had liens outstanding for over one year and collected back dues when the property was eventually sold by the county. I do agree though it may be hard to find an attorney willing to force foreclosure although we do have one case we are working on currently with a law firm.