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In NC can the same attorney sue dues and also handle

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In NC can the same...
In NC can the same attorney sue for HOA dues and also handle a foreclosure on the same property. The bank apparently did not know the same attorney was suing for HOA dues and foreclosing on the property. At least the last representative said they did not know that, but they relied on the attorney in each state knowing what was legal.Also, In NC can the foreclosure notice be sent less than 30 days of the foreclosure date?The circumstances are such that foreclosures were scheduled and notice was given properly over a number of years, yet the property was actually never foreclosed upon. Does that mean that I was given proper notice this time?And finally, in NC is the name of the mortgage holder required on a notice of foreclosure?
Submitted: 1 year ago.Category: Real Estate Law
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4/7/2016
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
Attyadvisor
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Welcome and that you for your question. In NC can the same attorney sue for HOA dues and also handle a foreclosure on the same property. The bank apparently did not know the same attorney was suing for HOA dues and foreclosing on the property. At least the last representative said they did not know that, but they relied on the attorney in each state knowing what was legal. The attorney that works for the HOA can also file for foreclosure. Also, In NC can the foreclosure notice be sent less than 30 days of the foreclosure date? Give me a moment to set out all the requirements for you, FYI the requirements should also be very clearly stated in your HOA governing documents. The circumstances are such that foreclosures were scheduled and notice was given properly over a number of years, yet the property was actually never foreclosed upon. Does that mean that I was given proper notice this time? When was this first started and what happened? Basically they have three years."A lien for unpaid assessments is extinguished (eliminated) unless proceedings to enforce the lien are begun within three years after the claim of lien is filed (N.C. Gen. Stat. §47F-3-116(c), § 47C-3-116(c)). This is called the statute of limitations."http://www.nolo.com/legal-encyclopedia/north-carolina-hoa-coa-foreclosures.html And finally, in NC is the name of the mortgage holder required on a notice of foreclosure? Notice MUST be provided to the lender/mortgage holder! Give me a moment to provide all of the applicable laws for your review.
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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
“Once dues and assessments become delinquent, North Carolina home owner’s associations (HOA’s) have the right to foreclose under N.C.G.S.§47F-3-116, Lien for assessments. This statute allows the association to file a claim of lien with the Clerk of Court in the county where the property is situated. Prior to filing the claim of lien, the association must make “reasonable and diligent efforts to ensure that its records contain the lot owner’s current mailing address”. The association must notify the lot owner, in writing, at least 15 days prior to the filing of the lien that they are ready to move forward with collection efforts, and must provide to the lot owner with a statement of the account. Then, if the assessment remains unpaid for 90 days or more, the association, acting through the executive board, may foreclose the claim of lien under power of sale or under Article 2A of Chapter 45 of the North Carolina General Statutes.If the claim of lien includes only fines, interest on unpaid fines,or attorney’s fees, the association cannot foreclose under Article 2A, but must enforce the lien by proceeding with a judicial foreclosure as provided in Article 29A Chapter 1 of the General Statues. A lien under this statutes gains priority over all other liens against the property except (1)prior liens (including deeds of trust) that were docketed before the docketing of the claim of lien with the clerk of superior court, and (2) liens for real estate taxes and other governmental assessments. A claim of lien for HOA fees is extinguished unless an action to enforce the lien is brought in superior court within three (3) years after the docketing of the lien. In order for the association to collect attorneys’ fees, they must notify the lot owner in writing of the association’s intent to seek payment of attorneys’ fees and costs. If the lot owner does not contest the debt within 15 days following the notice, then reasonable attorneys fees shall not exceed one thousand two hundred dollars ($1,200.00). If contacted by the lot owner,the association, through its executive board may agree to allow payment of amounts due in installment payments. This type of payment arrangement scenario is not required by either side, and lies in the sole discretion of the parties involved.If an association gains title to a property through foreclosure, it is subject to prior liens and encumbrances on the property. If the primary mortgage holder, or other purchaser of a lot obtains title to the lot as are suit of a foreclosure on a first mortgage or deed of trust, such purchaser rwill not be liable for the assessments against the lot. Such unpaid dues are typically considered a “common expense” that is collectable from all the lot owners and to be pro-rated over the community owners. So, one can quickly realize how struggling communities just get deeper and deeper in debt as multiple properties are foreclosed. And, tempers flare between neighbors when those who pay their HOA dues feel as if they are unfairly supporting those who do not (or cannot) pay.In February 2011, the NC General Assembly addressed this issue in the form of House Bill 165. This proposed legislation increased the time period that dues or assessments had to remain unpaid before an association could foreclose, required the association’s executive board to vote to begin foreclosure, and required more disclosure to potential home buyers about homeowners associations. Source: Lawmakers turn attention to homeowners groups, By Patrick Gannon, Jan. 23, 2012; Star NewsOnline.com. http://www.soboleskilaw.com/hoa-foreclosures-home-owners-associations-nc/Notice requirementsA copy of the Notice of Sale is posted at the courthouse immediately after the hearing before the Clerk of Court takes place. We send a copy of the Notice of Sale by First Class Mail to the following: Any person who has filed a Request for Notice (RFN). A person that has filed a RFN is entitled to notice of the sale at least 20 days prior to the saletaking place. Current Occupant.The current occupant of the property must be given 20 days notice of the sale of the property. Large Judgment.If there is a large judgment, we send a copy of the Noticeof Sale to the judgment holder. Lienholder
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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
I can provide a link for Attorneys in your area that provide free consultations if you can tell me the County where your property is located. Thank you for using JA! If you would be kind enough to rate my service so I will receive credit for my work I would really appreciate it.
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Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
Sorry please ignore the premium service offer.
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