Collection and Foreclosure
Our dedicated team of collection and foreclosure attorneys and paralegals are especially experienced when it comes to collecting past-due assessments.
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Experienced and effective collections attorneys
Timely payment of assessments is critical to the success of your association. If your current legal counsel’s collection efforts are going nowhere fast, contact Rabin Parker Gurley for a free consultation to discuss how we can assist your community.
Frequently Asked Questions
When can my association record a lien against a property for past-due assessments?
The required notice for serving the notice of intent to lien and the notice
of intent to foreclose the lien is generally forty-five (45) days (each). Consult with your association’s legal counsel to discuss additional requirements that may apply to your community.
Can my association recover legal fees from the delinquent owner?
In most cases, an association may pursue recovery of all past-due assessments, along with all attorneys’ fees and costs, interest, and late fees. However, your community’s governing documents may limit the amount that your association is permitted to recover, so it is important to check with legal counsel prior to undertaking collection efforts.
Should my association foreclose on all liens?
In most cases, yes. In very limited instances, however, it may be beneficial to refrain from filing suit for a period of time. For example, where a mortgage lender is close to completing its own foreclosure action with respect to the same property, it may be prudent to let the lender’s action run its course. In either case, such a determination should be made on a case-by-case basis with guidance from legal counsel.
