Legal Question in Real Estate Law in California
Pre-lien Notice for NonJudicial Foreclosure
We're a homeowner's association who has given written notice to condo owner of delinquent assessments, but not the specific amounts of attorney's fees. A month later under separate cover we provided written notice of fee and penalty procedures of the association. Are CC 1367's notice requirements satisfied by this and has the 30 days in which to record a lien begun to run (as of the latter notice)? Or do we need to send another letter itemizing every single item, including attorney's fees, that are owed to date? Additionally, the condo owner paid some of the money owed, but it did not cover attorney's fees (which keep on increasing as time goes by). We want to pursue nonjudicial foreclosure but want to make sure our prelien notice satisfies CC 1367 before recording a lien.
3 Answers from Attorneys
Re: Pre-lien Notice for NonJudicial Foreclosure
What attorney fees have you incurred? and can your lawyer provide any guidance? If not, let me know and I will help you resolve your questions. Did you record a Notice of Delinquent Assessment yet? You have 30 days after recording the lien to foreclose.
Re: Pre-lien Notice for NonJudicial Foreclosure
I am curious why your attorneys has not provided this information to you (since you have attorney fees)
I know of no case on this, but 1367.1 has many requirements and each leter must comply with all, so I would say yours does not satisfy.
JOEL SELIK Attorney at Law
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Re: Pre-lien Notice for NonJudicial Foreclosure
Notice needs to be correct. Do you have an attorney? Or do you need one? You are claiming attorney's fees and you are entitled to them so I can only assume you have an attorney. However, if you need one who is familiar with HOA issues, you may contact me.
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