Placing liens without an attorney

Started by PeggyH • 19 replies • 3444 views

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PeggyH (South Carolina)
Posts: 36

Posted:

I am on a board in South Carolina, does anyone know if the Board can file a lien on property or owner for non payment of dues without going through an attorney? We have about 20 homeowners who have not paid their association dues, and we'd like to do this ourselves and not pay for an attorney. Does anyone also know what the steps are for filing liens?

Thanks in advance for all your help.

SkuddleM (Colorado)
Posts: 62

Posted:

I have a couple of tips for you, based on recent changes to COLORADO law regarding liens and foreclosures -

1. I would make sure that somewhere in your lien wording you add your HOA's business address so a future forecloser will at least be able to notify you of the foreclosure intent and cannot claim he didn't know where to send the notice.

I'm sure if you look around this forum or on the HindmanSanchez site you will find documentation for this (effective for Colorado) that will explain it a bit better.

2. If I were doing it, I would have a lawyer draw up the language (or review the language I came up with) for one of the liens, making sure he knows that 20 liens are involved. Once the language for one lien has been determined, I see no reason why it cannot be used for the other 19.

LaverneB (Florida)
Posts: 129

Posted:

In Florida the lawyer who we have files it. It is less complicated. We have the same problem here in Florida.Have you sent them enough notice letters? return reciept that way you know they got the letter? Good Luck

BradP (Kansas)
Posts: 2,640

Posted:

Peggy:

I am not sure of the laws in your state, however, all we did was contact our Register of Deeds who gave us a copy of a lien that was filed. We did our own and it costs us $8 to file and $7 to release.

RogerB (Colorado)
Posts: 5,067

Posted:

Peggy, call your County Clerk and Recorder's office and ask if an attorney is required to file a lien (I doubt it). I have previously posted examples we use for filing Notice of Lien and Release of Lien. You probably need to give the property owner written notice at least 15 to 30 days prior to filing the Notice of Lien.

TracieciatesR (South Carolina)
Posts: 5

Posted:

In SC, the HOA can file the lien. The cost is $5.00 per lien. The Lien Letter that you file must have specific information in it. I manage an HOA that does not have sufficient funds to hire an attorney, so I file the liens as part of the mgt contract.

KM1 (FL)
Posts: 62

Posted:

Quote:

Posted By RogerB on 02/07/2008 3:46 PM
Peggy, call your County Clerk and Recorder's office and ask if an attorney is required to file a lien (I doubt it). I have previously posted examples we use for filing Notice of Lien and Release of Lien. You probably need to give the property owner written notice at least 15 to 30 days prior to filing the Notice of Lien.

Our management company files the liens for us, but probably isn't necessary. I looked at one of our resident's liens online through the County Clerk's website (had to register). It looked simple enough to draft!

Texas has "Property Code, SUBTITLE B. Liens, CHAPTER 51. Provisions Generally Applicable To Liens" with a lot of interesting info, so perhaps your state has something similar.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

PeggyH: Contact the nearest courthouse in SC; they can advise the process.

TracieciatesR (South Carolina)
Posts: 5

Posted:

Actually, I have already done the research and set up a Lien Letter that the County will accept. If you would like me to forward a copy, just let me know. Anything to help a fellow homeowner.

MicheleD (Kentucky)
Posts: 4,491

Posted:

In Kentucky as well the HOA does not need an attorney to file the liens. However, we use the same boilerplate the developer's attorney used prior to their handover.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I meant to add: periodically we take the boilerplate to our attorney and he will update/tweak as required in case any changes have occurred that we might not be aware of.

JoanneA (Florida)
Posts: 19

Posted:

How much did the attorney charge you for the lien?

MargoT (Georgia)
Posts: 80

Posted:

TracieciatesR

Hello! We are in the "process" of having our POA turned over. Our POA is small and we must be conservative and depend on an Attorney to do this.

Please share your Lien Letter which is valuable to help us get started.

CharlesB17
Posts: 112

Posted:

There was a court ruling in Florida that a HOA filing liens is practicing law with out a license. I would be careful and check with an attorney.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Hoping you receive this.

I am new to this chat board.

I am in SC and woul like more info a HOA BOD filinh liens with the services of an attorney.

Thank You

John Curry

Email [email protected]

KimB14 (Florida)
Posts: 7

Posted:

Yes, I am in FL as well. We always use an attorney and have been told that filing a lien is practicing law therefore requiring an attorney.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnC46 on 01/18/2012 6:53 AM
Hoping you receive this.

I am new to this chat board.

I am in SC and woul like more info a HOA BOD filinh liens with the services of an attorney.

Thank You

John Curry

Email [email protected]

Sorry and using this chat editing software for the first time so let me clarify.

Based on some earlier posts I read. In the State of South Carolina it is possible for an HOA to file a lien for unpaid association with the County Register of Deeds as in no lawyer is needed to do such.

I am looking/asking if anyone knows this to be fact.

Thanks

JamesH15 (South Carolina)
Posts: 1

Posted:

Our Association here in Berkely County, SC would like to have a copy of your letter and any other lien documents you have used. Please send them to [email protected].

Thanks

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Allow me to update. In the State of SC an Officer of the BOD can go to Magistrates Court (SC quasi version of Small Claims Court) and file a claim against (I will call them the owner) on behalf of the BOD for unpaid dues/assessments.

The Magistrates Court will summons the owner to a hearing. Both parties will appear and present their side. If the court rules in favor of the BOD (which they amlost usually do if the BOD has any records) then the owner will be ordered to pay. In most cases the owner does not show and the judge will rule on behalf of the BOD.

If the owner does not pay within a specific time (they will be violating a court order but another issue), the BOD can take the Magistrates order to the Register of Deeds and file a lien on the deed.

The above will cost the BOD a few hours of time and I think about an $75 filing fee but the answer is that in SC one does not need a lawyer to file a lien.

TimB4 (Tennessee)
Posts: 21,047

Posted:

All

This thread was started in 2008.
It was reactivated in January of 2012
It's again been reactivated in Feb of 2013.

It's best to start a new thread rather than reactivate an old thread. This is because laws change and what was good advice in 2008 or 2012 may be bad advice in 2013. It can become very confusing for readers. Therefore, if the thread isn't being updated by the original poster and it's over say 6 months old, it's best to start new.

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