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R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender’s First Mortgage

R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender’s First Mortgage

by Lawrence Szabo, Esq. | Dec 10, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

Supreme Court of Rhode Island decision (December 4, 2015). In August of 2011, the plaintiff in this action purchased a condominium at a foreclosure sale conducted by a condominium association as a result of the non-payment of association assessments by the former...
R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender’s First Mortgage

Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

by Lawrence Szabo, Esq. | Oct 23, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments, Governing Documents

Nevada Supreme Court decision (October 16, 2015). In this case, a homeowners association (“Association”) fined homeowners (“Owners”) for bringing their dog into the community clubhouse in violation of the Association’s amended rules that...
Recovering Collection Costs Such as Interest, Late Charges & Attorney Fees Incurred in Collecting HOA Assessments

Recovering Collection Costs Such as Interest, Late Charges & Attorney Fees Incurred in Collecting HOA Assessments

by Lawrence Szabo, Esq. | Sep 10, 2015 | Dues and Assessments

The payment of homeowners’ association assessments by the individual owners is critical to the proper functioning of a homeowners association. Homeowners who don’t pay their share of the assessments deprive the association of budgeted funds that are...
Using Small Claims Court to Pursue the Collection of Delinquent HOA Assessments

Using Small Claims Court to Pursue the Collection of Delinquent HOA Assessments

by Lawrence Szabo, Esq. | Jun 30, 2015 | Dues and Assessments

Homeowners associations (“HOAs” ) have various avenues to pursue the collection of past due assessments from delinquent homeowners. One alternative that can be very effective and which is often avoided by HOAs is to file an action against the homeowner in...
R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender’s First Mortgage

HOA Refusal to Release Invalid Lien Constituted Slander of Homeowners’ Title for Which HOA is Liable

by Lawrence Szabo, Esq. | Jun 16, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

Indiana Appellate Court decision (June 11, 2011). This case involves husband and wife homeowners (“Homeowners”) who sued their HOA for damages based on claims that the HOA slandered the title to their property by improperly recording a lien due to an...
R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender’s First Mortgage

U.S. Bankruptcy Court Says HOA Lien Gets Limited Priority in Chapter 13

by Lawrence Szabo, Esq. | Jun 8, 2015 | Case Decisions, Dues and Assessments

U.S. Bankruptcy Court, District of New Jersey, decision (June 11, 2015) In this case, husband and wife homeowners were the debtors in a Chapter 13 bankruptcy proceeding. At the time of the filing of the Chapter 13, the debtors owned a condominium and were part of a...
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