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I just received notice that a lien was placed on my property…

I just received notice...

I just received notice that a lien was placed on my property regarding unpaid assessment fees. I have been trying to resolve the disputed amount with the lawyer for months and have agreed to go to special court with them. And now I received a lien notice. Can they do that before my actual court date? And can they foreclose on my house?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Yes Courthouse that I do not feel that I am in arrears of the amount claimed and dispute the amount. The first notice I received from a lawyer was a year ago and they advised in the letter that if I disagreed we could go to a Dr. I responded immediately with a letter stating that I disagreed with the amount and I'm happy to discuss it. They sent me a letter outlining the account, and I found many discrepancies within the account. I asked to go to ATR with them. I received another letter saying that I continue to be in arrears for a certain amount. I then responded to them and made a deposit into the account for the amount I felt I owed and that if they disagreed I still wanted to invoke my opportunity for a Dr. I have written to them probably for different times regarding ATR, and they have not granted it to me. Some months later I got a letter in the mail this past January that I'm being sued. I responded to the special court that I will show in court and I dispute the amount, and now I received a notice that my house has a lien upon it. I can pay whatever is required, but the point is that I don't owe them the money. What do you suggest?

Lawyer's Assistant: Where is the house located?

Mercer County New Jersey

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Customer reply replied 3 months ago
I'm rereading the lien document now and it says date of document was January 16th 2018. Why am I just being notified now?
Answered in 37 minutes by:
3/22/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,873
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

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You should have been notified in the exact time and manner as set out in your HOA governing documents. You do you have a copy of your governing documents that you can attach?

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Customer reply replied 3 months ago
I've tried attaching it but it must be too big. Is there any other way to get it to you, like email?

I apologize for any issues with attaching the document. Customer Service can assist with attachment and email at

Call Customer Care

Please have your Order ID available when calling Customer Care

US / Canada1-***-***-****

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Customer reply replied 3 months ago
OK, I have contacted them and they should be sending it to you.

Perfect. Thank you.

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I have received your document. Please give me a few moments to review.

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I can see why you had an issue with the attachment. The section I am reviewing is 3.14 Lien in Favor the Association" They have given themselves the power to attach a lien without notice. I need to check to see if case law or statutes have held this as unenforceable.

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There is no notice requirement set out in your governing documents or in the law. http://codes.findlaw.com/nj/title-46-property/nj-st-sect-46-8b-21.html

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Let me provide a link for local Attorneys that provide FREE consultations. The law has no protection for the owners.

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Customer reply replied 3 months ago
Ok, thank you. I really don't understand it and want to be sure they can't foreclose on my place without judgment by a court. The lien essentially consists of their lawyer fees and payments the association never accounted for along with improperly assessed late fees.
Customer reply replied 3 months ago
Great, thank you!

They need a judgment. I bet it is mostly Attorney fees. http://lawyers.findlaw.com/lawyer/firm/real-estate-law/mercer-county/new-jersey

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Mercer County Bar Association
1245 White Horse Mercerville Road, Suite 420
Mercerville, NJ 08619(###) ###-####br />*****@******.***
www.mercerbar.com

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Time to write to your elected officials and ask them to look at the law as it stands. There is no protection for owners.

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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,873
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you very much for your help, I really appreciate it. I think this guy is just trying to bully me into paying his billable hours. I'll think about writing to the local officials because I can't be the only victim here. I understand there is a website I can go to that will show me local location cases that perhaps involve the association. Someone I know had been on it and saw that they had been involved in a number of lawsuits but I'm not sure on which end or what they mean, but I'd be really interested to find out. I will certainly give you a 5-star reading, but I don't see the stars here, but I'm looking on my phone. I'll check on my computer to see if they show up on the ask site.

Thank you. I wish I had better news for you.

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Customer reply replied 3 months ago
Great, thank you. Have a good evening!
Thank you.
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