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Assessment Collections Fees in “No-Cost” Collections Contracts

The United States Bankruptcy Court in California recently ruled in a case that may impact the terms under which Homeowners Associations (“HOAs”) contract with collections companies to pursue delinquent assessments.  Read More……

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Use of Asset Depositions to Collect Judgments for Community Associations

Community associations continue to suffer from very high delinquency rates which is a reflection of the national trends of consumer debt. However, because community associations need to be vigilant in keeping its delinquency rates manageable (as these monies are needed

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Aggressive Strategies with Foreclosure Properties Helping Many Associations

During the slow recovery in the housing market, many community associations are taking more aggressive approaches with foreclosures and rentals to recover delinquencies and gain financial strength. These associations are using their lien rights in order to avoid the issues

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How a condominium association can beat the bank to money

In today’s economy, banks and courts are processing foreclosures at a historically slow pace, evidenced by the New York Times article predicting that it will take close to 62 years for the foreclosures currently pending in New York State to

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How a Condo Board Can Collect Arrears By Using a Little-Known Tool Called DILF

With the recent economic downturn, condominium boards have been plagued by unit owners defaulting on their monthly common charge. With fewer unit-owners paying, boards are faced with the prospect of increasing common charges in order to collect the deficit from

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TV News Report on Association Lien Foreclosures Sold at Foreclosure Auctions Mischaracterizes These Investments as Deceptive, Valueless

The recent report by Patrick Fraser of the South Florida Fox affiliate WSVN Channel 7 took many of the community association attorneys at our firm by surprise. The report featured what appeared to be novice and uninformed real estate investors

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The Vicious Cycle of Collections and a Solution: Acceleration!

Situation: On January 10, 2012, your association obtains a judgment against a homeowner for the balance, as of that date, of unpaid assessments, late fees, interest, attorney fees, and costs. In June of 2012, through a wage garnishment, the judgment

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Before You Start Pointing Fingers….

I recently read an article where a homeowner was upset about her condominium association initiating foreclosure proceedings against her for her failure to pay her assessments. While people may read this article and feel sorry for the homeowner, one should

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AZ: Class Action Filed Against AZ HOA Management Companies

Class Action Lawsuit Filed by Arizona Homeowners Against Arizona HOA Management Companies Alleging Millions of Dollars of Damages for Violations of Federal Debt Collection Laws and Arizona Law  Read More……

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Rogers Towers: Defeating Homeowner’s Association Claims for Unpaid Assessments in Foreclosure Cases

When is a first mortgagee not liable for any unpaid HOA assessments that came due prior to taking title? Judging solely by the text of § 720.3085(2)(b), it would seem that a first mortgagee that takes title to property through

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Recent Trends in Collections: Increased Bankruptcy Filings and Requests for Short Sales

As many homeowner associations throughout Colorado and the country are aware, the economic conditions of the last few years have greatly impacted associations. We have seen an increase in the number of delinquencies due to missed assessments and covenant enforcement

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CA: What You Need to Know About Small Claims Court

There are certain claims where small claims court may be the appropriate venue, as opposed to superior court. Typically, this includes claims against owners for unpaid assessments, fees and/or fines that do not exceed $5000, which is the limit that

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What Is A Lien?

Lien. The word gets thrown around like a hot potato on a construction project. Here on the Lien Blog, I use the word constantly, and advocate to credit managers to “file a lien” to protect a company’s rights to payment.

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Pay Up! The Subtle Art of Collecting Arrears

In the tough economic environment of the past few years, many condo owners have faced job losses, pay decreases or just financial uncertainty. Unfortunately, this sometimes leads to owners not paying their common charges.  Read More……

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Special Report: Your Home, Their Rules

Their case is one of hundreds of foreclosures filed since 1993 by homeowners associations in Charleston County for unpaid dues and assessments — some for as little as $332 — according to an analysis of the filings by the Charleston

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As legal persons, banks enjoy the benefits AND the responsibilities of persons

In the last few years, we have seen more and more banks acquire title to condo and HOA property after foreclosure. Florida statutes provide that legal title passes upon the recording of the certificate of title. I am not going

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Short Sales and Homeowner Associations

A short sale is a sale of an owner’s property where the proceeds from the sale will fall short of the balance of debts secured by the liens against the property. Nevertheless, because the owner cannot afford to repay the

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What to Expect Following an Association Foreclosure Sale

Last month I explained the basics of an association judicial foreclosure through the time of the sheriff’s sale. In an ideal world, all foreclosures would result in a complete monetary recovery for an association and a new owner would timely

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Court Tells Board in Foreclosure Case: The Guy Paid. What Else You Want?

Most condominium boards and their managers and attorneys act in what they perceive to be the best interests of their condo associations. But when one Manhattan board in an arrears foreclosure tried to not let the owner pay, and then

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Effective Collection Tactics for Associations Against Owners Who File for Bankruptcy

Associations have been contending with unit owners who file for personal bankruptcy protection in greater numbers since the start of the economic crisis. In response to a unit owner bankruptcy, and in an effort to preserve and protect the rights

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Condo Boards Take a Stand on Delinquencies

A SUCCESSFUL condominium depends, in large part, on owners’ paying their monthly fees promptly and in full. Delinquencies can mean less money for maintenance and amenities — and draw the ill will of fellow residents. While the sheer size of

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Condo Talk: Basic guide to unit owner bankruptcies

The filing of a bankruptcy petition by a unit owner can have a harmful impact on the association’s cash flow. When a bankruptcy petition is filed by a unit owner, an automatic stay goes into effect. The stay prohibits creditors,

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