Get 2 months of free community web site hosting from Community123.com!
Friday, November 24, 2017
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Do I have to send a notice of lien after filing in Missouri?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
KarL
(Missouri)

Posts:15


10/24/2017 1:09 PM  

Trying to figure out the order of events:


1. Send invoice for annual dues.

2. Send delinquent notices, reminding home owners.


3. 30 day Pre-lien / Demand for payment letter.


4. File lien.


My question is this:

After filing a hoa lien in Missouri, do you have to notify the parties that a lien was placed on their home?
of does the 30 day notice of lien and demand letter suffice?

Thanks!

TimB4
(Virginia)

Posts:14860


10/24/2017 2:00 PM  
Karl,

Your process sounds right. Not as detailed as one would want but the general structure is correct.

My suggestion, rather then filing a lien on your own, have the Associations legal firm go through the collections process. They will make sure all the t's are crossed and i's dotted.

Lien laws vary by State.
Without reading your States statutes, I could not tell you the exact process.

When your dealing with legal paperwork (and that is what a lien is), it's best to obtain legal advice (at least that's my opinion).



I will tell you what our process is:

1) 30 day letter
2) 60 day letter
3) 90 day letter sent certified and first class mail
4) 120 day letter, notice of agenda item for Board to consider sending account to collections.
5) Notice of Boards decision.

After this, all communications are handled through our attorney with the costs being tacked on to what they owe (yes we have to pay it up front but we get the money back).
PaininyourA
(South Carolina)

Posts:119


10/24/2017 3:19 PM  
My xxxHOA, Inc. procedure:

December notice of next year's assessment (payable monthly or any $ in advance).

30 day late - invoice

60 day late - demand letter incl. invoice

90 day late - record the lien with the Register of Deeds, final demand with 'legalese'

120 day late - attorney for collection

360 day late - foreclose



we have ONE home delinquent due to a reverse mtge. and improper handling by estate
PaulM25
(Missouri)

Posts:1


11/14/2017 9:57 AM  
Karl:

We are a homeowners association in East Central MO. We follow your steps one and two although we do not have to do such a thing.


We have found that sharing the information that a lien has been filed with the holder of the homeowners mortgage does get things moving in the right direction.

MelissaP1
(Alabama)

Posts:6788


11/14/2017 4:33 PM  
They are also may be put into a local newspaper. It's considered "Public notice". Foreclosures this is part of the process. Can find them in the Legal section of your newspaper. Each newspaper is different when they are printed and where. Ours does it once a week.

Former HOA President
JohnC46
(South Carolina)

Posts:7010


11/14/2017 6:49 PM  
Our HOA Attorney's business specializes in owner associations and they also have an active collections department.

We collect quarterly dues. One quarter late and our MC sends a letter basically saying get caught up. Two quarters late another letter saying the matter will be turned over to the lawyer for a lien and possible foreclosure. If still behind by the 3rd quarter, we turn it over to our lawyer.

Lawyer first sends a letter demanding dues be caught up or they will begin liens, possible foreclosure, and the letter mentions credit bureau reporting. The lawyer charges us $60.00 for the letter then they await our reply. Most pay by now.

If still unpaid, we tell the lawyer to go. Lawyer files a lien and threatens foreclosure and credit reporting also the lawyer bills for their time. We had one now that is two years late so the $1,200.00 (two years dues) overdue has became $4K with all the late fees, interest, lawyer charges. They have reached out for a payment plan. Our attorney handles that. We have one other on a payment plan via the attorney.

We have had two bankruptcies which we wrote off. We have never gone to a foreclosure and I would recommend we never do.
ChrisP5
(Missouri)

Posts:128


11/18/2017 7:14 AM  
Karl,

We are in Missouri and send late notice at 15, 30 and 60 days. After that it goes to the attorney for collections, most owners quickly take care of their obligations after getting a letter from our attorney. We assess the collections cost back to the owneR, we rarely have to eat the cost of collections.
JohnC46
(South Carolina)

Posts:7010


11/18/2017 8:06 AM  
Posted By JohnC46 on 11/14/2017 6:49 PM
Our HOA Attorney's business specializes in owner associations and they also have an active collections department.

We collect quarterly dues. One quarter late and our MC sends a letter basically saying get caught up. Two quarters late another letter saying the matter will be turned over to the lawyer for a lien and possible foreclosure. If still behind by the 3rd quarter, we turn it over to our lawyer.

Lawyer first sends a letter demanding dues be caught up or they will begin liens, possible foreclosure, and the letter mentions credit bureau reporting. The lawyer charges us $60.00 for the letter then they await our reply. Most pay by now.

If still unpaid, we tell the lawyer to go. Lawyer files a lien and threatens foreclosure and credit reporting also the lawyer bills for their time. We had one now that is two years late so the $1,200.00 (two years dues) overdue has became $4K with all the late fees, interest, lawyer charges. They have reached out for a payment plan. Our attorney handles that. We have one other on a payment plan via the attorney.

We have had two bankruptcies which we wrote off. We have never gone to a foreclosure and I would recommend we never do.




UPDATE

The BOD has decided to toughen up our collection policy. We pay quarterly. Presently we do not get our lawyer/collector involved until one is 3 quarters late. We are moving that up to two quarters late.

60 days late, polite letter from MC.

120 days late, letter from MC threatening to turn the matter over to lawyer.

180 days late, letter from lawyer threatening lien, foreclosure, credit bureau reporting, etc. We are charged $100 for this letter. We add this amount to the amount due. Our MC kicks this off.

210 days late, letter from lawyer that lien has been filed and saying foreclosure in commencing. Lawyer now handles any collection including their fees. Our MC kicks this off.

We have never foreclosed and do not intend to do so.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Do I have to send a notice of lien after filing in Missouri?



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement