Procedure for Property lien

If it is a valid bill, then you need to pay it and the lien will be removed. It only becomes an issue when you try to sell the property or get a new mortgage. Is that how you found out about it? Is it the association dues that are attached to the house?

Yes it is a valid bill but aren't they required by law to notify me before the lien is placed on the property?

Lien
yes it is the association fees but they are only in my ex husbands name not mine even though I am on the mortgage and deed. I was never sent any notice that he was not paying. I live in the house and am trying to refinance to get him off of the mortgage and deed.

Ah, that's what I guessed. I found out about a lien on my house when I went to refinance and discovered that a bill from TWO owners before me had gone unpaid. Fortunately, my title insurance took care of it because it wasn't even my bill.

As to your situation, the association dues are due by the homeowner (you and your husband) even though they were only sending the bills to him. How large is this association? Is it so large that the treasurer was unaware of your circumstances and went directly to a lien? It sounds a bit harsh and impersonal, but it seems as that's what has happened. If your ex is part of the refinancing plan (allowing his name to be removed from the deed) then he could pay off the lien so that the loan can proceed and then recoup half that amount from the proceeds of the refinance (assuming you are both responsible for the fees). Did he agree to pay the association fees when you separated, or are they actually your expenses that were being sent to him? If he agreed to pay them then he shouldn't be reimbursed for them. If they're yours to pay then he should be fully reimbursed. The only other alternative I can think of is to pay it yourself and deduct the appropriate portion from the proceeds of the buyout. You are buying him out, right?

I had another thought, nanglad. It goes back to the seemingly impersonal approach taken by the association board. If you or your husband cannot pay off the lien prior to refinancing the mortgage then I suggest contacting the association president and treasurer requesting that the lien be removed pending refinancing of the mortgage, at which time you will pay the amount in full. Put it in writing and explain as much or as little of your personal situation as you feel comfortable sharing. This way the associations gets the back dues they want and you get the deed and mortgage established in your name only. The letter should also include a request to submit all future bills to you at your current address.

Good luck!

nanglad: In general, JPB's advice is right on the mark.


You should check the bylaws of the homeowners association to determine if notice is required. I would also suggest that, if you need information on the law, you identify what jurisdiction you are living in. That would be a big help.