Legal Question in Real Estate Law in North Carolina
Assc. Dues are past due, can they file a lien and sell house?
Homeowner assc. dues are way past due. Got notice in mail saying the Assc. was going to put a lein on property, and sell house. Mortgage is up to date and separate from dues. Can they really sell my property for not paying past owed dues? I am willing to pay extra a month to get debt recovered as best I can. I thought spouse was paying them, but found out different when we split. I am paying them now and have been for several months. What can I do? Can they really sell my house? Help!
1 Answer from Attorneys
Re: Assc. Dues are past due, can they file a lien and sell house?
You should look at the homeowner's association by-laws but, they usually retain the authority to place a lien on your house for failure to pay dues. Yes, they can foreclose and sell. I would try to work things out with the association. Unfortunately, this sounds like it may be a long and continuing issue. If you are interested in obtaining access to legal advice for this and any other issues that may arise without the need to pay out big bucks first, please e-mail me and I will send some info out to you.
Either way, I wish you good luck.
Jim Griffin
Attorney at Law