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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
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Experience:  B.A.; M.B.A.; J.D.
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Question concerning liens for unpaid monthly condo fees. A

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Question concerning liens for unpaid monthly condo fees. A lien was placed on my unit this month, 7/18 for 4 months unpaid dues. There was an error made where 2 payments did not get credited to my account. I have a copy of the billing for June which does not include the payment I made. I have a copy of my cancelled check for 2 payments paid in June. I figured it would show on this months statement, as the check was cashed after the billing notice by 2 days. The remaining 2 were paid today. At the time of the lien, I was only 2 months behind. The lien specifies that I am delinquent 4 months. I never received any notification verbally, by phone, or letter. Nothing. The condo rules require notice (demand letter) to be sent by certified mail, of their intent to lien my property, with I assume, the demand letter would give me a certain amount of time to pay. Never never got anything from them. What are my legal rights, and did they violate their own condo rules? Now my credit is ruined since these are sent to the credit bureau. I have sent them a letter concerning this, as discussing this on the phone, I might say something I will regret. I am so upset. This is a NH condo. The NH statutes 356-B:46 which they have violated, since I DID NOT receive notice 30 days in advance.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Question concerning liens for unpaid monthly condo fees. A lien was placed on my unit this month, 7/18 for 4 months unpaid dues. There was an error made where 2 payments did not get credited to my account. I have a copy of the billing for June which does not include the payment I made. I have a copy of my cancelled check for 2 payments paid in June. I figured it would show on this months statement, as the check was cashed after the billing notice by 2 days. The remaining 2 were paid today. At the time of the lien, I was only 2 months behind. The lien specifies that I am delinquent 4 months. I never received any notification verbally, by phone, or letter. Nothing. The condo rules require notice (demand letter) to be sent by certified mail, of their intent to lien my property, with I assume, the demand letter would give me a certain amount of time to pay. Never never got anything from them. What are my legal rights, and did they violate their own condo rules? Now my credit is ruined since these are sent to the credit bureau. I have sent them a letter concerning this, as discussing this on the phone, I might say something I will regret. I am so upset. This is a NH condo. The NH statutes 356-B:46 which they have violated, since I DID NOT receive notice 30 days in advance.

Optional Information:
Country relating to Question: United States
State (if USA): New Hampshire
What have you tried so far?: Wrote a letter to the president of the condo association requesting that the lien be removed, and my credit corrected. Waiting for a response. Need to know what I can do if they play hardball.




Response: File lawsuit against the Association to force it to act since it clearly did not follow proper procedures in putting the lien on the property and reporting the information to the credit reporting bureaus. You can also dispute the information with the credit reporting bureaus. The credit reporting bureaus would have up to 45 days pursuant to Fair Credit Reporting Act to investigate the information and get back to you. As part of this investigation, they would send inquiry to the Association to confirm the information. If the Association fails to confirm the information, the investigation would be resolved in your favor and the derogatory information would be removed. If the Association confirms the information, the derogatory information would stay on your record. You may then file lawsuit against the Association to force the removal of the derogatory information. In the meantime, you would be given opportunity by the credit reporting bureaus to put a brief statement on your credit file as to why you still dispute the derogatory information. This statement would become part of your record until the derogatory information is removed from your file by the Association.


http://www.lawserver.com/law/state/new-hampshire/nh-statutes/new_hampshire_revised_statutes_356-b_46

Customer: replied 1 year ago.

I have found out by two other individuals who are in the same boat as I am, they never received any letter demanding payment and the notification of a lien pending if not paid. Apparently the association lawyer has no problem with filing these liens with no notification. Is there a person or dept in the state of NH that this association can be reported? The law clearly states notice shall be sent to the owner and the lender.


As far as a suit goes, I cannot afford a lawyer. I am disabled and on a fixed income. Is this something I can do myself as far as filing a law suit or at least report them for not following the State rules governing condos?


 


Thank you for your answer. I just am mystified why I was not notified in advance. If I was, I could have pointed out the cancelled check and thus avoided the lien.

Expert:  Phillips Esq. replied 1 year ago.

I have found out by two other individuals who are in the same boat as I am, they never received any letter demanding payment and the notification of a lien pending if not paid. Apparently the association lawyer has no problem with filing these liens with no notification. Is there a person or dept in the state of NH that this association can be reported? The law clearly states notice shall be sent to the owner and the lender.

 

 

Response 1: Yes, there is. Contact the NH Consumer Protection and Antitrust Bureau of New Hampshire Department of Justice to file complaint against the Association:

 

NH Consumer Protection and Antitrust Bureau
XXXXXbr/> Concord, NHNNN-NN-NNNNbr/>(NNN) NNN-NNNN/p>

http://doj.nh.gov/consumer/index.htm

As far as a suit goes, I cannot afford a lawyer. I am disabled and on a fixed income. Is this something I can do myself as far as filing a law suit or at least report them for not following the State rules governing condos?

 

 

Response 2: Unfortunately, this is not something you can do on your own. You would need the services of a local Attorney that handles condo matters to assist you. However, you may not have to file a lawsuit. After filing your complaint with the Consumer Protection and Antitrust Bureau of the New Hampshire Department of Justice, your issue with the Association may be resolved. In any event, you can use the following sites to find local Attorneys:

 

http://www.lawyers.com

 

 

http://www.justia.com

 

 

 

Thank you for your answer. I just am mystified why I was not notified in advance. If I was, I could have pointed out the cancelled check and thus avoided the lien.

 

Response 3: File complaint Consumer Protection and Antitrust Bureau and see if your issue can be resolved by the Bureau:

NH Consumer Protection and Antitrust Bureau

33 Capitol Street
Concord, NHNNN-NN-NNNNbr/>(NNN) NNN-NNNN/p>



http://doj.nh.gov/consumer/index.htm

Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12931
Experience: B.A.; M.B.A.; J.D.
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