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Cut to te chase. Should I have been notified house had a…

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Cut to te chase. Should...
Cut to te chase. Should I have been notified house had a lien. the claim they sent letters they didn't. I asked to show me the paper thatI rec'd certified letter she said she doesn't keep and the post said it looked like I moved. I'm still here that was not true.
Submitted: 5 months ago.Category: Real Estate Law
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11/13/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,319
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

What type of a lien? Depending on the type of lien I can set out the notice that was required.

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Customer reply replied 5 months ago
A lien on my house for nonpayment ofdues.. I waspaying but not always on time
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

A lien from a homeowner's association. Is that correct?

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Customer reply replied 5 months ago
Their lawyer
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Did you fall behind on association dues?

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Customer reply replied 5 months ago
Well they had the amount on lien sent me notice they said about 3250 and when we asked Wilkens it 2250. Ijust want to know should they the lien was put on and I received a certified near Oct.
Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Do you have a copy of your association rules?

An Association can place a lien on your property for unpaid or late dues

"Generally, a COA or 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”).

In New Jersey, a COA lien becomes effective once the association records a claim of lien in the county records (N.J. Stat. Ann. § 46:8B-21(a)). To find out when an HOA lien becomes effective, check the association’s governing documents.

State law and the COA or HOA’s governing documents will usually set out the type of charges that may be included in the lien. If authorized by the association’s governing documents, a COA is permitted to include the following in its lien:

  • past-due assessments
  • late fees (though the association cannot record a lien that consists solely of late fees)
  • fines
  • reasonable attorney’s fees, and
  • interest at a rate established by the association, but no more than the legal rate (N.J. Stat. Ann. § 46:8B-17, § 46:8B-21(a)).

To find out which charges a New Jersey HOA may include in its lien, check the association's governing documents." https://www.nolo.com/legal-encyclopedia/new-jersey-hoa-coa-foreclosures.html

What notice is stated in the governing documents for your Association?

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

Can you tell me what is stated in your Association governing documents?

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

So yes you needed to be notified by the procedure set out in your association documents. The Association governing documents are a contract between the owners and the Association. Each party is bound to the terms.

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Real Estate Lawyer: Attyadvisor, Attorney replied 5 months ago

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