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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6392
Experience:  20 years professional experience
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I need an attorney to assist me in bringing a case against a

Customer Question

I need an attorney to assist me in bringing a case against a HOA. They illegally put a lien on my home with a fictitious amount due for HOA dues
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: NJ
JA: Has anything been filed or reported?
Customer: yes.. they put a lien on my home
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was the CPA of the HOA from 2005 - 2012. on or around 2007-2008, i advised the president of he HOA that if I was to continue servicing them as treasurer, they will need to offset my dues and it was agreed upon
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Maverick replied 10 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 10 months ago.

We are not permitted to represent JA's customers or to refer any particular attorney to them. However, this link may help you find the lawyer you need. It appears that you need to pursue a breach of contract suit and/or a declaratory judgment action to obtain a court order to have the lien rendered null and void once the offset is applied to the purported balance due.

Here is the law:

4:42-3. Declaratory Judgment

A judgment for declaratory relief, if appropriate, is not precluded by the existence of another appropriate remedy.

N.J.S.A. 2A:16-53 states:

A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

Here is a sample complaint to use as a go-by.

You may also want to contact these folks.

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Customer: replied 10 months ago.
Expert:  Maverick replied 10 months ago.

You are welcome...

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