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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 33220
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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How long before HOA dues unpaid become a problem when trying

Customer Question

How long before HOA dues unpaid become a problem when trying to sell a property? And what to do when they are being paid but the hoa person isn't cashing the checks on purpose?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Has the HOA filed a lien on the property?.How delinquent are the dues?.Does the owner have proof of sending in checks? (i.e. missing check numbers in their statement).Why is the HOA not cashing the checks?..thanksBarrister
Customer: replied 6 months ago.
The owner is my dad and yes he has proof because he's certify mailing checks to hoa. The person in charge of hoa is upset he's selling the townhouse and is a real snake and that's why she's not cashing the checks.
Customer: replied 6 months ago.
And the person who owns majority of the townhouses is an attorney who's in business with the president of the hoa.
Customer: replied 6 months ago.
My dad is only two months behind on hoa payments
Customer: replied 6 months ago.
She likes to involve herself and meddle and make things worse , does that make sense?
Expert:  Barrister replied 6 months ago.
Ok, have they actually filed a lien on the property at this point?..
Expert:  Barrister replied 6 months ago.
They would have had to send dad a notice stating that they were filing a lien if they did so..
Customer: replied 6 months ago.
What can he do? I think she's trying to hold up his closing
Customer: replied 6 months ago.
I just want to Know what steps I should have my dad take because I want him to be able to sell this townhouse with ease. Should he contact an attorney?
Expert:  Barrister replied 6 months ago.
I need to know if they have filed a lien or not?.
Expert:  Barrister replied 6 months ago.
But I will answer either way... If they have, it won't hold up any closing as the closing company will just withhold the amount due from the proceeds and send it to the HOA to pay it off. But I would argue and potentially sue the HOA if father has proof he paid and they didn't cash the checks, then he isn't late and there should be no attorney or late fees..If they haven't filed a lien, then it won't affect the closing at all but father would still owe the debt as a personal obligation and he could send a cashier's check to them certified mail for the balance due to clear it up as he would have proof of the check and proof of mailing..But either way, it won't hold up a sale or closing if he gets a buyer.. I used to be a closing attorney for several lenders and this would come up regularly when HOA dues weren't paid for one reason or another...thanksBarrister

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