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legaleagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13441
Experience:  Practicing Attorney for 10 years
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I didnt pay my assessments (hoa) for 5 months. I received

Customer Question

I didn't pay my assessments (hoa) for 5 months. I received a final notice of attorney referral. I sent payment in full plus prior to attorney involvement. My payment was lost and then recovered by the hoa after attorney placed delinquent assessment lien. Hoa proceeded to cash 2000.00 dollars worth of checks and reinstated my account. I asked when they would be releasing the lien and since they will not talk to me. They tell me to contact attorney. Is their lien valid or do they have to remove it? I have a statement from the hoa showing assessments up to date and paid for September. They also cashed a 1000.00 dollar check after all assessments were paid
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  legaleagle replied 6 years ago.

Thank you for contacting with your question. I will provide legal information related to your question.


No their lien is not valid and they do have to remove it. If they fail to do so you can sue them for damages due to having an invalid lien filed. You can send copies of your account to the attorney and show that the HOA considers our paid and ask that they remove the lien and if not you will pursue your legal options. You can let the HOA board know that the attorneys are violating their obligation to the board by failing to remove the lien. Maybe the board will get their attorney to fulfill their obligation.

Customer: replied 6 years ago.
Board has been instructed by attorney to only contact him
Expert:  legaleagle replied 6 years ago.
Then you can file a complaint with the state bar for him failing to do his job and remove a lien that is no longer valid.