Collections

Back to homepage

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

Read More

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

Read More

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

Read More

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.

Read More

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.

Read More

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

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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

Read More

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

Read More

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.

Read More

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.

Read More

(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,

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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?

Read More

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.

Read More

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.

Read More

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.

Read More

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.”

Read More

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.

Read More

MA Supreme Judicial Court lets condo board establish multiple liens

The MA Supreme Judicial Ct today held that the MA Condo Act, permits a condo assn to establish multiple contemporaneous priority liens by filing successive legal actions to collect unpaid monthly common expense assessments.

Read More

Need Help for Bank “Zombie Foreclosures” in Homeowner & Condominium Associations?

If you have a zombie property in the neighborhood and other approaches have not worked, you may want to consider filing a complaint with the CFPB.

Read More

A Co-owner Filed Bankruptcy, What Now?

There are instances where the Co-owner will not only be responsible for post-petition assessments, but also pre-petition assessments as well.

Read More

AZ Appeals Court Rules in Favor of HOA

HOA can redeem property after foreclosure sale

Read More

How Mortgage Servicers Can Prevent Liens From Cutting into Investor Profits

For some time there have been questions surrounding how servicers can protect the lien rights of their investors with regard to the lien position of Homeowner Association properties, but there are ways to avoid this conflict.

Read More

NJ Federal Court Says Condo Association Lien May Have Priority in Chapter 13 Bankruptcy Plan

The issue in dispute was whether a condominium lien, which is recorded and served on the owner and mortgagees, is a fully secured claim under bankruptcy law, or a partially secured claim which may be “stripped off” in a bankruptcy plan

Read More

In the ‘Shadow Wood’ of SFR: Nevada Supreme Court Weighs in on Lender HOA Challenges

In a September 2014 ruling, the Nevada Supreme Court jolted the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust

Read More

Condo Lien Has Priority in Ch. 13; Can’t Be Stripped Off (NJ)

A condominium association’s lien for unpaid assessments is partially secured, and cannot be stripped off in a Chapter 13 bankruptcy

Read More

How Community Associations Can Collect on Judgments by Rent Levy (NJ)

If delinquent unit owner rents his unit, one method of collecting on the Judgment is by levying the rental income

Read More

There’s a Sucker Born Every Minute-Just Make Sure Your Association Isn’t One of Them

While the vast majority of shared ownership communities can never count on collecting 100% of their assessments at any given time, the Recession produced crippling levels of delinquencies in many associations

Read More

Strip Tease: A Debtor Cannot “Strip Off” or “Cram-Down” a Condominium Lien as Part of a Chapter 13 Bankruptcy Action

The Court reversed a 2015 decision that allowed debtors filing Chapter 13 bankruptcy petitions to “strip off” or “cram down” an association’s lien

Read More

Rhode Island Supreme Court gives HOAs priority above mortgage liens

The Supreme Court of Rhode Island supports the homeowner’s association “super priority” concept

Read More

Bankruptcy of Owners and Effective Association Assessment Collections

Collection issues are particularly challenging to owner associations when an owner files for bankruptcy

Read More

Appellate Ruling Illustrates Importance of Proper Service of Process and Procedural Steps in Foreclosure Cases (FL)

Associations have been counseled for the last several years to move quickly to foreclose on units in cases of prolonged lender foreclosures

Read More

What amending your governing documents can do to save your association money

Over the last several years, homeowner’s associations and condominium associations across Florida have taken serious losses and written off large amounts of bad debt

Read More

Florida Lenders Not Required to Compete with Homeowner Associations to Foreclose Where Lender’s Lis Pendens is Recorded First

The Fourth District Court of Appeal recently issued another opinion reversing an HOA’s final judgment of foreclosure for lack of jurisdiction

Read More

Recent case clarifies foreclosures and assessments (IL)

In the 1010 Case, an association filed suit against the lender who took title after a foreclosure, but who did not pay assessments going forward

Read More

Action 9 helps local family get their home back after HOA foreclosure

after Action 9’s story aired, the HOA and the new buyers offered to settle outside the courtroom

Read More

Nevada Supreme Court Opinion Impacts HOA Foreclosure Litigation

a non-judicial foreclosure by an HOA generally extinguishes a first mortgage interest, however

Read More

How Community Associations Can Collect on Judgments by Levying Bank Accounts

One method of collecting on the Judgment is by levying a unit owner’s bank accounts

Read More

Counsel’s Corner: HOA Super-Priority Lien Issue Not as Clear After Court Opinion

In a nutshell, what clarity did the most recent opinion by the Nevada Supreme Court provide for the pending litigation around HOA super priority liens?

Read More

Re-Recording Judgment Liens: The Importance of Timing

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial

Read More

New HOA Decision by Nevada Supreme Court Indicates Continued Litigation to Save First Liens

On January 28, 2016, the Nevada Supreme Court issued another HOA-related opinion that could have provided much needed clarity to the pending litigation

Read More

Court Where Lis Pendens Filed Obtains Exclusive Jurisdiction Over All Liens Until Judgment (FL)

Fourth District again held that the court where a mortgagee files a lis pendens obtains exclusive jurisdiction

Read More