HOA Lien for Unpaid Assessments
$195.00 – $325.00
Under most homeowner’s association declarations, when a homeowner fails to pay the dues assessed to their property, the association has the right to file a HOA Lien for Unpaid Assessments. The HOA lien is recorded with the county recorder of deeds and provides notice to anyone looking to purchase the property of the unpaid assessments. Please see below for more information.
Under most homeowner’s association declarations, when a homeowner fails to pay the dues assessed to their property, the association has the right to file a HOA Lien for Unpaid Assessments. The HOA lien is recorded with the county recorder of deeds and provides notice to anyone looking to purchase the property of the unpaid assessments. Once the lien is filed, the lien prevents the homeowner from selling the property or obtaining a mortgage until the lien is released by paying the past due assessments. As a result, when the property is sold, the title company will satisfy the lien as part of the real estate closing.
Some Associations prefer to send a notice to the homeowner prior to filing the HOA lien and other associations proceed straight to the lien filing. Either way, notice should be provided to the homeowner at the time the lien is filed. This notice should request that the homeowner pay the past due assessments to avoid the imposition of additional interest or fees for non-payment. Under most declarations, the lien can include the unpaid fees and any collection costs, which includes the cost of filing the lien and attorney fees for doing so. Moreover, if you have previously hired our firm to send a payment demand letter to a homeowner, we will credit that amount paid to the cost of the lien filing (e.g, if you have hired us to send one payment notice previously, we will charge you the one pre-lien notice rate, but credit you back for the amount you paid for the previous notice).
This package includes the costs of postage for sending the letters and the recording fees for filing the lien. Whether or not the lien is filed, the Association has the option to foreclose on the lien for non-payment. In other words, the Association can file a petition with the court requesting that the home be sold to pay the unpaid assessments. This sale, however, is subject to any existing mortgages or liens, and therefore, it is not always the best method for ensuring payment. When the property is heavily encumbered by other liens, it is generally better to simply file the lien and wait for the sale of the property.
These fees stated above drafting a HOA Lien stated above are contemplated to cover must standard matters of this nature, there are certain services or costs that are not included and may result in additional fees beyond the amounts set forth above. These fees and costs are set forth in more detail on the “What’s Not Included” tab of this webpage.
Finally, the “Getting Started” tab sets forth the basic steps after your submission of this order request and what will be required so we can get started working on your matter.
Please note that all orders are subject to our terms and conditions, which are available for your review at www.rickdavislegal.com/legal-services- terms-of-service/.
- Review of your Documents. We will review all of the documents you provide to help assess the possible legal claims and will discuss the appropriate amount to request in the demand letter.
- Drafting of the Notice Letter. We will draft a notice letter demanding compliance with the declaration or payment of dues. Prior to sending the letter, we will email a copy of the letter to you for approval. Once approved, we will mail the letter using UPS as it tracks delivery and based on our experience is more likely to be accepted than using USPS certified mail, which people do not pick up either intentionally or because it is inconvenient to go to the post office.
- Postage. The costs of mailing your demand letter are included in your purchase.
- Discounted Additional Negotiation Time. If additional negotiation time is required, you can purchase said services in blocks of either 2 hours for $450 or four hours for $800. This is a 10% and 20% discount off of our standard rates, respectively.
- Privacy. Once we have confirmed there are no conflicts of interest and accepted this matter, the information you share and everything you discuss while working together is protected by attorney-client privilege.
- Honest and Practical Advice. We will promptly communicate all settlement offers with you and provide advice based on the risks of proceeding with the litigation even if it means lower legal fees to our firm. If you have questions regarding your matter, we will provide you with practical and straight-forward answers regarding the same.
What's Not Included
- Other Legal Services. We are being retained only for the specific legal services contemplated herein and for a single dispute. Any questions or issues outside of the scope of the matter we are handling will require the purchase of additional services as appropriate based on the nature of the additional legal services being requested.
- Litigation. These services include the drafting a demand letter and limited negotiation regarding the same. If the other party is unwilling to reach a settlement, any fees related to litigation will be charged in addition to the fees paid for these services.
- Mediation. The negotiation provided as part of this service is with the opposing party or their attorney and not through mediation. If mediation is scheduled, additional legal fees shall apply.
Thank you for your interest in working with our firm. For your reference, we have created this guide to explain to new and prospective clients how to get started working with our firm. Please be advised that the new client process will vary slightly depending on the type of matter. Therefore, please be sure to review the “Getting Started” tab for the specific services you are contemplating.
- Online Signup. Once you have determined that you would like to engage our services, you can sign up using the “add to cart” feature on our webpage. When you complete the online order process, you will be provided with a copy of our terms and conditions that outline the basic terms of the representation, including our billing and communication policies. You can review these policies at any time at www.rickdavislegal.com/legal-services- terms-of-service/.
- Intake Form. Once we have confirmed receipt of your payment, you will receive an email that contains a link to our online intake form that you can use to submit information to us about your matter and upload any relevant documents. The online intake form helps to ensure that we have all of the information needed to fully assist you with your matter. Moreover, by using an online form, we are able to avoid additional costs associated with having a lengthy conversation with the attorney to gather this information. With that being said, if you are uncomfortable with the online intake form, you are welcome to call our office to discuss the information necessary for your matter.
- Attorney Review. Within two (2) business days of the receipt of your online intake form and documents, the attorney will review the information you submitted and begin work on your matter. If there are any concerns noted based on the information provided or if any conflicts of interest are discovered, the attorney will contact you promptly to discuss the same. If not, you should receive a welcome email from our firm that will discuss the basic process and timeline for the handling of your matter.
It is our hope that outlining the process helps to make the establishment of a relationship with our firm easier. It also helps to streamline our internal processes to ensure that we devote our time to providing the highest level legal services to our clients. If you have any questions about this process, please feel free to contact our office at (913) 283-8300.