A homeowner in our neighborhood declared bankruptcy and the foreclosure process began in May 2007. I'm on the HOA Board. Our former attorney said that we could make no attempt to collect last years annual dues or special assessment (total was $425). The mortgage lender is Wells Fargo. I spoke with them a few weeks ago and they said the foreclosure process was nearing the end and the property would revert back to their possession. Annual dues for 2008 were due Feb 1. Our restrictions state that new owners must pay dues when they move in, even if they are prorated from the date they made the purchase. The problem is, our former attorney gave us a courtesy note saying she believes US Bank may now own the home. I called Wells Fargo yesterday and they refused to discuss the subject with me (depends on who you get to answer the call I suppose). Our county clerk apparently doesn't keep current records. This is ridiculous. I have no idea who owns the house.
Can I just go file a lien on the property? Technically, invoices are a courtesy reminder. Dues are due Feb 1 per our restrictions. I'd think whoever owns the house is subject to the restrictions, even if it is the lender. Our attorney quit yesterday which was no loss.
What are the repercussions if I go file a lien and the foreclosure process isn't all the way complete?
Can I just go file a lien on the property? Technically, invoices are a courtesy reminder. Dues are due Feb 1 per our restrictions. I'd think whoever owns the house is subject to the restrictions, even if it is the lender. Our attorney quit yesterday which was no loss.
What are the repercussions if I go file a lien and the foreclosure process isn't all the way complete?
