Get 2 months of free community web site hosting from Community123.com!
Sunday, July 22, 2018
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: TN Super lien
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
GlenM4
(Tennessee)

Posts:85


04/16/2018 8:24 AM  
There is a house in our subdivision that is about 2yrs behind in dues. They are about to foreclose So if we put a lien on it now , its seems pointless as we wont get any of the funds when the house is auction (unless somehow it sells for more which it wont)

I saw something about Super liens but i think its only for condos? Anyone have any info on these and if HOA can use a super lien?

Thanks
Glen
TimB4
(Virginia)

Posts:15834


04/16/2018 11:39 AM  
You could take the issue to the court and obtain a judgement (court saying money is owed).
You can then take this judgement and garnish wages, etc.
MelissaP1
(Alabama)

Posts:7481


04/16/2018 4:26 PM  
A Super lien just puts you on the same footing as the bank. Normally, in a foreclosure of a Lien the bank gets paid first and foremost. A super lien (Not available in all states) would allow you to share the spoils with the bank if there were any so to speak. Which in reality there isn't if the bank is foreclosing. HOA foreclosures are basically stopping the bleeding more than anything else if the bank isn't foreclosing.

I would still file a lien ASAP. Most likely won't see a dime but that's not necessarily the important part. It shows that the HOA means business and doesn't let people "slide". We had a policy of 6 months behind we lien. 1 year behind we CONSIDER foreclosure. Factors plays in each situation.

If your HOA is strapped for cash, then it may not be beneficial at this time to file a lien. However, in the future let this be a lesson to catch it sooner if possible.

Former HOA President
LetA
(Nevada)

Posts:459


04/16/2018 9:21 PM  
A super liens here in Nevada puts the HOA at the front of the line before the bank. There has been some shady dealings with HOA's and super priority liens
that the state 9th circuit court ruled that the the first mortgage can't be extinguished in an HOA foreclosure sale NRS 116.3116

Foreclosing only stops the bleeding and usually never recovers the assessments that was never paid.

You can foreclose ahead of the bank, however If you slap a lien on the property the bank, at least here in Nevada is required to to pay in full the assessments in
the rears along with any and all fees.
JohnC46
(South Carolina)

Posts:7598


04/17/2018 9:03 AM  
I understand a "Super Lien" to be the top dog lien, first paid, etc.
GlenM4
(Tennessee)

Posts:85


04/17/2018 9:36 AM  
For TN it seems to be just for COA and not HOA
JanetB2
(Colorado)

Posts:4108


04/18/2018 11:23 AM  
Posted By GlenM4 on 04/17/2018 9:36 AM
For TN it seems to be just for COA and not HOA


I am reading the same when looked up info. My info noted with regards to super lien:

In Tennessee, six months worth of delinquent common expense assessments have super lien status (Tenn. Code Ann. § 66-27-415(b)(2)).

However, it notes is with regards to COA’s and that HOA’s need to refer to their governing documents regarding ability to place liens.
Please login to post a reply (click Member Login on the menu).



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