Dear Customer, thank you for choosing Just Answer. I would like to assist you today.
The Association may put a judgment lien on your property for the failure to pay the judgment. If you already have a plan in place to pay this amount, they may not wish to do so, but this is at their discretion (a payment plan does not restrict them from doing so unless you have an express payment contract with them that stops them from doing so.
A judgment lien is different from an assessment lien, the procedures for the HOA to get one is different (it is actually much easier to get a judgment lien, all they have to do is record the judgment, but the end result is the same.
I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!
The document only indicates NOTICE OF LIEN for unpaid assessments however the clerk's system does list the document type as JMT - judgment. So you are correct.
We have not had the final hearing with the Judge (lower Court) on the payment plan, etc. as the Judge wanted the parties to work out the details followed by a brief hearing. The main area for debate are the legal costs for which they are claiming as the prevailing party...although in a higher Court Mandate the Court indicated "...it is hereby ordered that the parties shall each bear their own costs..."
If I am correct it sounds like I could address the JMT lien still with the Court as well as the legal costs based on the higher Court Mandate? It also sounds like they can have both the assessment lien and the judgment lien even if they are for the same amounts? One more clarification, can a judgment lien only be made if there is a court judgment in place?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).