Legal Question in Real Estate Law in Washington

forclosure

I recently got into trouble with my mortgage payment on my condo. I have paid the amount to keep it out of forclosure, but now my dues are owed and their lawyers are saying that they are going to forclose on me because of the dues. Is that possible or will they be putting a lein on my property?


Asked on 3/26/08, 1:31 pm

1 Answer from Attorneys

Douglas Reiser Reiser Legal, LLC

Re: forclosure

The short answer is yes - they can place a lien on your property. Homeowner associations and condo associations typically provide within their bylaws that failure to pay assessments will result in a lien being filed against your unit. This is also mirrored by law under Title 64 of the Revised Code of Washington. A lien may be filed for any outstanding dues, and if done correctly takes priority over the mortgage. A condo assessment lien has a 3 year prescription period meaning the association can wait 3 years to foreclose the lien.

This issue can be tricky but it seems that the association will act quickly to file a lien. By law, Associations are also enabled to collect delinquency penalties, fees and often filing and attorney's fees. Therefore it is best to act quickly in response to this notice. A construction attorney can assist you with handling liens and can provide further advice on your situation. You may contact our office at any time to discuss your matter more thoroughly. [email protected]

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Answered on 3/26/08, 1:46 pm


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