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William B. Esq.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2959
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Can an HOA file a second lien for assessments already covered

Resolved Question:

Can an HOA file a second lien for assessments already covered in a previous lien without releasing that prior lien. In this scenario the assessments in question are also already covered under a judgment where the HOA has been vague in instructions in how to pay that judgment however i am moving forward with payment of the judgment. On my end i am up to date on assessments but can not confirm the HOA accounting as they do not provide summary statements with out a request and one has not been provided since early this year ... maybe even late 2012.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  William B. Esq. replied 11 months ago.

CalAttorney2 :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

CalAttorney2 :

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.

CalAttorney2 :

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.

CalAttorney2 :

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Expert:  William B. Esq. replied 11 months ago.
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Customer: replied 11 months ago.

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?

Expert:  William B. Esq. replied 11 months ago.
The judgment lien can be filed against the property once a final judgment is entered - in many cases the final judgment is entered, but their is a cost order outstanding, the judgment is valid and a lien may be established even though the issue of costs has not yet been finalized. I do not know if your judgment has been entered or not, but check your documents, it will be clear if there has been an entry of judgment.

I do understand the current dispute regarding costs - I have actually litigated this issue many times (on both sides of the fence) where the prevailing party is entitled to costs and fees by contract and the trial judge requires each party to bear their own costs (as is the default position in litigation). In some instances, the matter is reversed and the prevailing party wins some or all of their costs, in other cases, the costs are denied and each party does carry their own costs.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2959
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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