Skip to comments.Looking for a Freeper with Knowledge of Real Estate Law
Posted on 12/26/2012 10:40:10 AM PST by Alberta's Child
I'm looking for some help from anyone on FR who has some knowledge about commercial real estate, priorities of liens, and other similar matters. I'm dealing with a strange situation where I've come across a lien that appears to have been filed in error, and before I proceed with any legal action I just need some general insight on how the process works and how other lienholders may be involved (or not).
Is this a “workman’s lien?”
You will need to talk to those that are familiar with the laws in the state where the property is located. Laws vary from state to state.
Also sometimes called a “Mechanic’s Lien”
No. It’s probably similar in terms of lien priority, though. It’s a condominium assessment lien.
Is it extensive or just a missed payment? Sometimes, it’s easier to clear the lien if it’s small.... either way, it will have to be cleared unless there is a question about proof of actual payment or not.
That’s a good point. Thanks for the heads-up.
Call a lawyer.
Call the legal department of the largest title insurer in your state.
And/or contact an attorney specializing in real estate cases, in your state.
Real estate law is different in every state, and sometimes interpreted differently in each county. It’s hard to speak in generalities.
npcw has it pegged.
That being said, condo liens can be a big problem. In some states the owner's interest can be foreclosed over just a few dollars, other states provide a little more protection. And you'd need to know the state's laws as to the interplay of condo liens, tax liens, mechanic's liens and consensual liens.
We’ve already got the lawyer lined up. I’m not looking for legal advice; I’m simply asking some general questions about some unique circumstances in this case.
“Im simply asking some general questions about some unique circumstances in this case.”
Answers to ‘general questions’ and ‘unique circumstances’ don’t really fit together. If there are unique facts, you need unique advice, preferably from a lawyer that works with condo law.
Google quiet title
Advice you receive for free is usually worth it.
legal advice, medical advice, and internet don’t mix well.
Obviously, some local lawyer will have to be consulted, but a little background info or even anecdotal experiences is a good way to formulate questions and try to get your head around an issue.
When I taught people to do research, I told students that the best way to get started with a subject they knew nothing about was to go to the children's non fiction section of a library. That doesn't mean you *end* there!
A condo/HOA lien is just behind the IRS and local RE tax in priorities. In FL a number of HOA’s have foreclosed on the REO properties because the banks did not pay the fee. this priority is usually by state statue but could also be in the original condo/HOA filing defining its priority.
It may cost a couple of hours to have an RE atty research and confirm the priority.
I buy tax liens but I am not a RE atty, althought I slept in a Holiday Inn once so what does that make me, just another a-hole with an opinion.
After the requisite people chime in to tell you who you should ask, you might be surprised at the insight you may gain. I once asked a question about septic tanks, and was quite gratified with the information I got.
Exactly. I’m exchanging Freep-mails with a couple of folks who have some good information (NOT legal advice) about this situation.
Ok, it is amusing and occassionally informative to read through...as long as it is taken for what it is.
Well, septic tanks and lawyers...
Condo liens are nothing to mess around with. In my state, condo associations have great powers (more than lenders in many ways), and they can basically come in and do a private foreclosure sale of your property in 30-60 days if you don’t pay the lien. What happens generally is that folks don’t bid at the sale so the Association gets the property, and you the owner get nothing. The mortgage lender still has a priority that is not wiped out by the Association’s foreclosure, so the Association’s interest is subject to the lender’s lien, but the Association doesn’t care. They know it can take a year to two years for the lender to be able to foreclose, and in the meantime the Association rents out the unit on a short-term rental basis and makes money until the lender then takes the property back or sells to another person.
The lien has been placed on the property by the condominium association?
RE law is a state to state thing so you will need someone in your state who knows the law there.
Within less than a month of filing the foreclosure papers, the lawyer for the plaintiff was backpedaling and trying to get the defendant to sign off on a stipulation of dismissal. Apparently he figured out that there was no way the plaintiff was ever going to recover the legal fees that they'd be entitled to under state law.
Rather than sign the stipulation of dismissal, the defendants had their lawyer initiate a full discovery process. Subpoenas have been served on the accounting firms that have been doing the accounting work for the condominium association for the last decade.
I think the defendant has uncovered something interesting here, eh?
Well, that pretty much was the right answer.
The plaintiff's attorney has informed the judge and the defendant's attorney that he has retained his own legal representation in this case.
Can anybody guess what this means? This has to be a case for the law journals. LOL.
I think there may be a possible criminal investigation here.
each state has laws about when an HOA can place a lien and some allow he hoa to feel the property to satisfy the lien.
I suggest youn cart with a title company to verify the men and priority etc.
If the men is under a certain amount it may be within the scope of small claims court in your state. No lawyers allowed in small claims but you can consult one and go in on your own.
We settled some hoa liens for 50-66.7% and avoided court.
If the claim exceeds the small claim limit you need a re lawyer.
start with a title company
I love auto text
sell the property not feel
If you’re dealing with NJ condo associations all I can do is offer a chicken and some candles. You’ll have to hire the voodoo chanting from someone experienced in that.
Now that is interesting. A lot of possibilities there, none of them particularly good for either the lawyer or his (or to be politically correct (or her))client.
At the very least, if the lawyer is having to hire independent counsel, it probably means that he/she isn’t going to be making any money on the case, unless his own client has filed a malpractice complaint and his insurer is paying for the lawyer’s lawyer. And in that case, the original lawyer is going to withdraw from the case.
Oh, I love when a lawyer gets into hot water!! Lawyer soup!!! please keep us updated.