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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36925
Experience:  Texas Attorney for 30 years dealing in real estate
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Can HOA put a lien on your property claiming non payment

Customer Question

Can HOA put a lien on your property claiming non payment without first filing a lawsuit? (in NY)
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.

Yes unfortunately they can do so.Such a lien is possible under NY law for unpaid amounts owed to them.

Generally, a COA or an HOA has the power to place a lien on your property if you become delinquent in paying the monthly dues and/or any special assessments (collectively referred to as assessments).

An HOA, for example, is often allowed to include the following in its lien:

  • past-due assessments
  • late charges
  • fines
  • interest, and/or
  • attorney’s fees and costs.

In New York, a COA’s lien may include unpaid common charges plus interest, and is effective from and after the date that a verified notice of lien is recorded in the county records (N.Y. Real Prop. Law § 339-z, aa).

You will have to resolve the lien here or they can pursue foreclosure through the courts.Please don't the messenger here, I wish I had better news.They can file a lien if money is owed to them under NY law.

I appreciate the chance to help you today.Thanks again.

Customer: replied 8 months ago.
I have found the same abstract from Nolo yesterday. What I need to understand is do they have to go to court, get a judgement and then file a lien or they just file a lien?
Expert:  Ray replied 8 months ago.

They can file a lien and then court to enforce it with foreclosure.They can lien it first if fees or fines are owed.They then usually threaten you with suit if unresolved.

Thanks for letting me clarify.

Customer: replied 8 months ago.
Thank you for clarifying. Is foreclosure usually filed in local state, supreme state or federal court?
Expert:  Ray replied 8 months ago.

It would be in local state court where the property is located and you.They would serve you with the suit.

Thanks again.

Customer: replied 8 months ago.
I was trying to find more info about foreclosures in NY and see that they are handled by Supreme NY Court not local court. Please confirm
Expert:  Ray replied 8 months ago.

You are correct it is Supreme Courts of NY..

An example..

https://www.nycourts.gov/courts/2jd/kings/civil/foreclosuresales.shtml

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