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Condominium Owners Whose Homes Have Foreclosure Action Maybe Helped By Supreme Court Ruling (CT)

Many condominium associations have found that their foreclosures are defective because the association failed to adopt a foreclosure rule, if no rule, failed to vote that a foreclosure be started against the unit.  The Connecticut Supreme Court has ruled that

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Chapter 13 Bankruptcy: How Does it Affect Condominium Associations?

The already complicated bankruptcy process thus becomes even more complex when a condominium owner with unpaid assessments is involved.

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What Happens When Fellow Owners Don’t Pay HOA Dues

When homeowners don’t pay dues, everyone is affected; find out what you can do

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3 Tips for Dealing With Community Debt

HOA dues are important for keeping the community running smoothly, but some homeowners may struggle with paying their dues, which can negatively impact the community.

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Community Associations Suspending Use Rights for Common Elements, Amenities (FL)

legislature amended Florida law to authorize community associations to suspend the rights of unit owners and their tenants to use portions of the community’s common elements and amenities

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Ruling Quashes Lingering Questions on Partial Payments to Condo Associations (FL)

The association appealed, arguing that the statutory amendment which was ratified two months after the trial court’s decision clarified the Legislature’s original intent, while Devo countered that a reversal in this case would be an improper retroactive application of a substantive change in law.

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Automating HOA Collections

One of the biggest expenses and hassles for a homeowner association is collecting the regular homeowner fee. Every month, checks, money orders and cash are processed, tallied, bank deposits made and books posted. Then, letters are sent to those that

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Sperlonga begins reporting Homeowner and Condominium Association (HOA) Assessment Payment Data to Equifax

Sperlonga Data & Analytics, a data aggregation business for non-standard credit data sources, begins reporting homeowner and condominium association (HOA) payment and account status data to Equifax Inc., a leading provider of information solutions and global insights.  For associations that

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Fla. App. Court (2nd DCA) Holds Non-Party HOA Not Subject to Foreclosure, HOA Lien Not Limited

FL 2nd DCA recently reversed a summary judgment in favor of a mortgagee in two consolidated actions for declaratory and injunctive relief regarding the extent of the mortgagee’s liability for unpaid homeowners association assessments,

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Important Ruling for Associations Seeking to Foreclose in Advance of Lenders

Community associations and their attorneys are applauding the recent ruling by the Fourth District Court of Appeal in Jallali v. Knightsbridge Village Homeowners Association, which eliminates an unintended roadblock that was being used to derail association foreclosure cases

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Late Fees and Delinquency in a Condo Association

One constant challenge in Condo Associations is the issue of delinquency and debt collection. Homeowner’s Association or Condo Association fees, also called “general assessments,” are the financial lifeblood of your Association. While you may have alternate revenue streams, general assessments

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Accord And Satisfaction: Florida’s 2nd DCA Overturns St. Croix Confirming Condominiums Can Accept Partial Payments Without Risk Of Compromising Claim

The clarification changes the way that acceptance of money intended to be accord and satisfaction is understood by the court in the condominium context

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How priority liens work

Q:  I have been hearing the concept “priority liens” but do not understand exactly what it means. Can you explain?   Read the Q&A………..

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Nevada Supreme Court hears case on real estate crisis foreclosure sales

The court is now expected to rule on the question of the constitutionality of the nonjudicial foreclosure process used by investors and speculators to acquire homes at a fraction of their value by paying off liens held by homeowners associations.

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Nevada Supreme Court Strikes Significant Blow Against HOA Super-Priority Foreclosure-Sale Purchasers

Because the super-priority lien was extinguished before the HOA’s foreclosure sale, the Court found that the HOA foreclosed only on the portion of its lien that was inferior to the senior mortgage.

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In re Jackson (collections – bankruptcy)

The Sixth Circuit B.A.P. holds that the bankruptcy court abused its discretion in awarding sanctions against a creditor for violation of a discharge order in the individual’s Chapter 7

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High court to hear Bonner County case (ID)

The Idaho Supreme Court is scheduled to hear arguments…..The case involves an action Pend Oreille View Estates brought against a group of landowners in 2013 over road improvements.

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Dealing with Bad Debt in Community Associations

If you’re sure you won’t be able to collect from a delinquent homeowner, you should write off the bad debt

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Nevada Fed. Court Denies Class Cert. on ‘Ascertainability’ Grounds, Confirms Fannie/Freddie Liens Not Extinguished by HOA Foreclosure

The U.S. District Court for the District of Nevada recently confirmed that a homeowner association’s foreclosure of its superpriority lien cannot extinguish a property interest of Fannie Mae or Freddie Mac while those entities are under the Federal Housing Finance Agency’s (FHFA) conservatorship

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For condo owners in trouble, repayment plans a good idea

Sometimes well-intentioned owners fall behind on their assessments for one reason or another, so they ask for additional time to come up with the money

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Homeowners: From $150 HOA fee to foreclosure (FL)

Hillsborough County homeowners are battling their HOA in a foreclosure fight, but one missed payment could cost the family their home.

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Associations can once again foreclose their assessment lien after a lender commences its foreclosure

In Jallali, the 4th DCA recognized that the association’s recorded interest related back to the date the association’s declaration is recorded, and once again, perfected an association’s right to foreclose, in spite of the lender’s recordation of its lis pendens.

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HOA Fees and Credit Ratings

Unpaid HOA fees not being reported to credit bureaus is most likely to soon begin changing. Credit data aggregator Sperlonga has decide to begin collecting this data and reporting it to Equifax.

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Show Me the Money: Collections, Foreclosures, Evictions

If everything fails and the unit owner is still unable to catch up or just refuses to pay their dues, there are still legal options available.

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4TH DCA Corrects Prior Ruling and Clarifies Limited Application of Quadomain Decision

As a consequence of that decision, many trial courts have been extending the application of that case to limit the ability of community associations to pursue delinquent assessment claims

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Be Prepared: How to Avoid the Super-Priority Trap

Servicers can face significant obstacles in preservation of their rights vis a vis assessments by homeowners’ associations and condo associations

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Condo associations careful about collecting can weather foreclosures

The foreclosure frenzy hit homeowner associations hard and fast, but they may be better prepared for the future because of it

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Nevada Supreme Court Clarifies Limits to its SFR Investments Decision

On June 22, 2016 the Nevada Supreme Court rejected this argument, clarified that SFR Investments has limitations, and reversed and remanded a district court’s order granting a purchaser’s motion for summary judgment.

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Assessment Collections in the Wake of the Huntington Case

In the wake of the Huntington Continental Townhouse Association, Inc. v. Miner case, this job just got tougher. For years, most association’s standard practice was to reject partial payments.. In the Huntington case, this industry standard was toppled.

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Does changing the locks on a foreclosed Delaware condo make the mortgagee liable for condo fees?

the court rejected Wells Fargo’s attempt to dismiss a condominium association’s claim that the bank should pay maintenance fees and assessments on a unit the bank foreclosed

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Some Banks Are Siding with Condos in the Battle Over Super Liens

Many large national banks do, indeed, oppose the super lien and, supported by the Federal Housing Finance Agency, are working hard to eliminate it. But many community banks don’t share their view.

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What Are Super Liens and Which States Have Them?

A super lien is one type of lien that is making waves. Learn what a super lien is, why mortgage lenders don’t like them and which states have them.

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Is A Debtor Personally Liable For Assessments Accruing After A Chapter 13 Bankruptcy? Recent Bankruptcy Rulings Give Conflicting Answers

When debts are owed to community associations, questions arise as to how to treat pre-petition and post-petition assessments, and in what manner can community associations collect those differing debts.

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FHFA Vows to Keep Fighting HOA Super-Priority Liens

in foreclosures involving homeowner associations (HOAs) and super-priority liens, saying it will “aggressively” fight any HOA that tries to extinguish a Fannie Mae or Freddie Mac lien through foreclosure.

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HOA Fees Now May Affect Credit Scores

A major credit reporting agency says it will soon take into account homeowner association fees. Home owners who are late on payments may soon see the effect on their credit score.

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The Doctrine of Accord and Satisfaction

It is always best to not accept a check for less that the full amount owed if there is any chance that it can be interpreted as being accepted as settlement in full

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Massachusetts Court Rules for Condos, Against Banks in Superlien Battle

Condominium associations interpreted the Superlien statute to authorize “rolling liens” covering multiple six-month periods, enabling them to collect delinquent payments that accumulated during what could be an extended foreclosure process

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Illinois Appellate Court Determines Payment of Post-Judgment Attorney’s Fees Is Condition Precedent to Regaining Possession of a Unit

In Magpayo, the trial court determined that the Association was entitled to possession of the property owned by the unit owner.

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Norfolk (VA) woman finally free of Chinese drywall filled home, seven years later

It isn’t Germano’s only unresolved case. There’s still a question of what, if any, monthly fees she may still owe the condo association.

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(WI) Supreme Court Downs Condo Policy on Unpaid Assessments after Foreclosure

The Wisconsin Supreme Court, recently ruled that a condominium policy violated Wisconsin law by restricting a new condo owner’s access to condo amenities,

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Moon Lake Condominium Association v. RBS Citizens Bank

A recent case from the Michigan Court of Appeals, Moon Lake Condominium Association v RBS Citizens Bank, et al., underscored the importance of quick action for junior lienholders seeking to obtain surplus funds.

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Law Unsettled on Liability for Post-Chapter 13 Association Assessments

State condominium law generally creates two types of liability for association assessments – the personal liability of the unit owner and the in rem liability (property liability) of the unit.

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High court: Condo policy violates foreclosure law (WI)

The state’s highest court on Friday found that a Lake Geneva condominium association’s policy involving certain assessments violated established foreclosure laws.

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State Supreme Court rules in favor of investors, banks in long-disputed HOA fees case (NV)

The Nevada Supreme Court on Thursday ruled in a long-awaited dispute over homeowner association dues in super-priority lien cases, finding that Nevada law does not allow for the collection of costs and fees in addition to nine months of back-owed assessments.

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Can an Association Collect Assessments Once a Homeowner Files Chapter 13 Bankruptcy?

Many associations know they should refrain from seeking collection efforts against homeowners for outstanding pre-petition assessments, but what about post-petition assessments?

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Florida Appellate Court Bolsters Statutory HOA Safe Harbor

entities that obtain title through judicial foreclosures are left satisfied while homeowners associations are left reeling from another nail in the safe harbor coffin.

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Association Required to Provide Names and Addresses of Delinquent Owners

there were no privacy protections for delinquent owners, especially when any lawsuit against a delinquent owner for nonpayment would be public record.

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Encouraging Lenders to Foreclose: Don’t let your Condominium and HOA units sit vacant without collecting assessments

This article reviews some of the issues that may arise with an association member in default on their mortgage, and describes some potential options available to an association to address the issue.

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Reading the Nevada Tea Leaves after Shadow Wood

Following SFR, lenders typically argued that the purchase price at an HOA sale must have been “commercially reasonable.”

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Liquidated damages provisions: enforceable or a penalty? (IN)

The decision in Harbours Condominium Ass’n, Inc. v. Hudson, 852 N.E.2d 985 (Ind. Ct. App. 2006) is very instructive.

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