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| Sunday, September 07, 2008
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| Author |
Messages |
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EllenS1
(Florida)
Posts:321
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| 06/23/2008 4:03 PM |
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Donna,
You are the go to person for Florida HOAS so I am hoping you can advise us on this. Is there anything that precludes a HOA from filing liens on properties within the HOA without using an attorney?? In the past we have paid $250 for this service and recently another attorney said his fee would be $500 which I think is way over the top. Even if they did a title search before filing the lien, I doubt they do. I've been a paralegal and know they are the ones chosen for this simple task. They simply pull up a boiler plate for liens, fill in the blanks and get it recorded.
If the lien is recorded by whomever it will still show up on a title search when the property is sold regardless of who prepares or records it.
If HOAS are not able to do this by State law it sure needs to be changed. Thanks for whatever help you can offer.
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JimM7
(Florida)
Posts:54
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| 06/24/2008 6:38 AM |
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Hi Ellen,
I know you asked the question of Donna but I had to jump in.
In our juristiction the court requires that an attorney file the lien , probably because you and me will screw up the paperwork.
Call the Clerk of the Court and ask the proper procedure for your location. Remember that ALL costs will be recoverable.
FS 720 does not address who should file, it only addresses the requirements. We have done 3 and the only problem was the time constraints in the law. Good luck...Jim |
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DonnaS
(Tennessee)
Posts:2299
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| 06/24/2008 6:57 AM |
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Hi Ellen,
Jim has exactly what I would have told you. Our Association always uses an attorney for anything this legal. Sorry to tell you that but the cost outweighed by doing a filing wrong, would not be good for the association.
Our Association is very fortunate that we have an excellent attorney from Palm Becah County who is on a NO COST retainer, in other words, we don not pay him unless we use his time. This is something(liening) we would never do by ourselves as a Board. But do call the County Clerks office and ask them for advice. That is the office where the liens get filed.
Have you looked at 720;3085? That is the required process to follow according to the Statutes? |
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GlenL
(Ohio)
Posts:1223
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| 06/24/2008 9:50 AM |
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| Ellen we use an attorney that specializes in collections, he fronts his time and the filing fee because he knows he will recover it and the fee to clear it when the lien is released. |
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KarenS11
(Florida)
Posts:132
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| 06/24/2008 8:42 PM |
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IF the lien is released.....if the property is foreclosed on by the lender and there isn't enough following the sale to pay off the lien, the association is stuck with the cost of filing.
What about the intent to lien letter? Our PM charges $200 to send the ITL. |
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KarenS11
(Florida)
Posts:132
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| 06/24/2008 8:43 PM |
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IF the lien is released.....if the property is foreclosed on by the lender and there isn't enough following the sale to pay off the lien, isn't the association stuck with the cost of filing and the attorney's fee?
What about the intent to lien letter? Our PM charges $200 to send the ITL. |
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KathyT2
(Florida)
Posts:21
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| 06/24/2008 8:58 PM |
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| Right now in a mandatory HOA in Florida the amount owed the HOA is jointly and severally owed by the buyer and seller. Title cannot legally pass without an estopple. I'm pretty sure thats correct, I got it from an attorney. We don't even file the liens anymore with all the foreclosures, we just wait for the estopple and they duke it out just before cloing who is going to pay and we get our money. Is this everyone elses understanding? |
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EllenS1
(Florida)
Posts:321
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| 06/25/2008 7:22 AM |
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KathyT2,
Our docs provide "The personal obligation of the delinquent assessments shall not pass to his successors in title unless expressly assumed by them". Has the law changed on this? |
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