Posted:
I see. I thought the county costs were that high. We had an attorney draft our lien template years ago. We periodically send it to him for review to make sure that it is up to date.
But our treasurer prepares the lien documents (from the template), gets them notarized, then either delivers to the County Clerk's office for filing, or mails them with a self-addressed, stamped return envelope for the recorded copy to be returned to us for our files.
That has helped streamline our court costs considerably. If we were ever to have to foreclose, which, fortunately we have not had to do, we would probably have the attorney proceed with that.
But thanks for clarifying that cost for me.
For what it's worth, here is a draft of our template. We just fill in the name, address and amount owed for each lien.
XXXXX XXXXXXX Residents Association, Inc.
Notice of Assessment Lien
Whereas, pursuant to Article IV, Section 10 (as amended), of the Declaration of Covenants, Conditions and Restrictions for XXX XXX (a subdivision in Jefferson County, Kentucky), which states
“If any assessment is not paid by January 31, the owner will receive a second notice. If payment has not been received in full by March 1, a late charge of 50 percent of the Residents Association assessments will be assessed. The Residents Association may bring an action at law against the owner personally obligated to pay the assessment, or foreclose a lien against the property, and interest, costs and reasonable attorney fees of such action or foreclosure shall be added to the amount of such assessments. No owner may waive or otherwise escape liability for assessments provided for herein by abandonment of his or her lot”, and
Whereas, Section 1 being recorded in Deed Book XXXXX, Page 170, and Section 2 being recorded in Deed Book XXXXX, Page 184, and Section 3 being recorded in Deed Book XXXX, Page 501, and Section 4 being recorded in Deed Book XXXX, Page 375, and Section 5 being recorded in Deed Book XXXX, Page 462, and Section 6 being recorded in Deed Book XXXX, Page 474, and Section 7 being recorded in Deed Book XXXXX, Page 193, and Section 9 being recorded in Deed Book XXXXX, Page 0481, in Jefferson County Clerk’s office; and
Whereas, XXXX XXXX Residents Association, Inc., a Kentucky corporation, P.O. Box XXXX, Louisville, KY 40268-0480, is authorized to levy a yearly assessment for purposes generally benefiting the Association and said assessment shall constitute a lien on each individual property until paid, and
Whereas, the owner(s) of the property set out below have failed to pay the assessment for the calendar year 2007 within the time required.
OWNER(S): XXXX XXXXX
ADDRESS: XXXXX Court
Louisville, KY 40258
AMOUNT DUE: $261.00
Now, therefore, XXXXX XXXX Residents Association Association, Inc., does hereby give notice that it asserts the lien provided against the above property for the amount of the assessment ($150.00 per year plus a 50 percent late penalty), the costs of recording this lien and all reasonable attorney fees and costs incurred in enforcing said lien.
Dated this XXXth day of XXXXXX, 2007.
XXXX XXXX Residents Association, Inc.
By: ___________________________________
XXX XXXXX
Treasurer, Board of Directors
STATE OF KENTUCKY )
)
COUNTY OF JEFFERSON )
Subscribed, sworn to and acknowledged before me this _____ day of _________________, 2007.
______________________________________
Notary Public, State at Large
My commission expires ___________________________.
Partial payment not sufficient to file for release of lien.
For total payoff amount, please contact:
XXX XXXX Residents Association, Inc.
Attn: Treasurer
PO Box XXXXX
Louisville, KY 40268-0480
This document prepared by:
_____________________
XXXX XXXX
PO Box XXX
Louisville, KY 40268
502-XXX-XXXX