Legal Question in Credit and Debt Law in Massachusetts

I have been struggling since my divorce to find and keep employment. I was married for 32 years, didn't have my name on a checkbook until around year 20 because he was going out of the country...I have finally secured a good full time job, unfortunately I have fallen behind on my town taxes and condo fees...the attorney fees attached to the condo fees seem outrageous! They recently went to court and secured a lien on my condo without informing me that they were doing this...what, if any recourse do I have...they are threatening me to auction off my condo, which I paid cash for. It has increased in value almost $100 since I bought it, do you think they are trying to get me out so they can resell for a profit?


Asked on 9/07/15, 12:05 pm

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Based on your question, I believe you would benefit greatly from legal representation. The condo association does not stand to benefit from foreclosing on your condo. The only thing they will get if your unit is foreclosed are condo fees owed and reimbursement for what they had to pay their attorney. You keep the profit, if any, from the sale. Assuming they followed the law properly, your only real option is to work out a payment plan for the amount that is owed.

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Answered on 9/08/15, 5:43 am
Dmitry Lev The Lev Law Firm

Since you said your property is free and clear, you may be able to obtain a home equity loan to pay back the condo fees and put yourself back in good standing with the association.

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Answered on 9/08/15, 7:10 am
Jed Berliner L J Berliner

I like Attorney Lev's idea of a home equity loan, or alternatively a home equity line of credit (HELOC).

It's difficult to challenge the association's attorney fees. You'd need to have a lawyer look at them to see if they are "reasonable" for the work done.

A chapter 13 bankruptcy is available as a backup plan to avoid foreclosure. It gives you up to five years of a payment plan, if the association won't work with you, but it has it's own legal fees and costs (minimum $4,000 fees and about $800 costs although lawyers vary in how much must be paid up front; also it's not a fixed fee but is hourly because things happen over the duration that can mean more legal services to pay for). You would file in Worcester, and my Auburn office is convenient for that.

Odd that the association got a lien but you only learned of it after the fact. Perhaps you are confusing notice of the court hearing with the actual and later order giving the lien.

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Answered on 9/08/15, 12:02 pm


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