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How can condo owner see if there is a lien on their property?

Posted on Thu, Dec 27, 2012 @ 08:34 AM
  
  
  
  
How can a property owner find out if the lien placed on their property for late dues (which have now been paid in full) has a release of filed with the court?

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Liens are a civil matter. In addition, from my research, it looks like there is a dependency on the originator of the lien. Let me see if I can explain what I have discovered: 
 
I know for a fact that we paid an attorney, representing our HOA, to place a lien on a condo twice in the past five years. This means that the attorney filed with our county's civil court. And one of the liens proceeded to foreclosure and subsequent sale of the condo on the courthouse steps (this is normal process in North Carolina). I checked with the Registrar of Deeds for our county and could not find any recorded documents of this. However, I did find that a mortgage company did place a 'Request Notice' on the condo but it was not related to the action of our HOA. All judgements by the Civil Division of the Wake County Courts do not appear to be available for public viewing online. Not sure if I went down to the courthouse if they would be available. I am sure an attorney could find out. 
 
Okay, so much for the easy button. I did find one suggestion you may want to try. Go to your bank or mortgage lender and ask if there are any liens against the title to your property.  
 
I am thinking that it may appear on your credit rating as well. So if you have not applied for your free credit rating within a year, now may be the time.

posted @ Thursday, December 27, 2012 9:59 AM by Ron - NC


Liens,and recordings in many states, are maintained in the Registry of Deeds. In my county, I can visit the registry of deeds and research all the documents relevent to my address. Depending where you live these could be paper files, microfiche or computer files. If you want to research lien history on your person or address you might physically visit the Registry of Deeds or go online to the county web site where you reside. The actual jurisdictional entity might vary from state to state, or in large metropolitan areas (might be under the city?).

posted @ Thursday, December 27, 2012 10:41 AM by john mastro


Do not the entities or persons putting liens on someones property have a legal duty to inform that person they are doing so? Is not there at least some official serving process or requirement to send the notices via certified mail?

posted @ Thursday, December 27, 2012 10:43 AM by john mastro


All Liens are recorded in Land Records of your city or state. Easy to determine.

posted @ Thursday, December 27, 2012 11:43 AM by Liz


If the lien is paid in full then it should be lifted if indeed there was one.A lien would only be there in the first place because the fees are not up to date. If a lien has been placed on the property then the owner would have been be notified as such.

posted @ Thursday, December 27, 2012 11:57 AM by Mari


In MA, liens against a property are filed with the Registry of Deeds. Most of the registries can be searched online by county.

posted @ Thursday, December 27, 2012 12:39 PM by Nan


Commenters are missing the boat. Condo liens for unpaid assessments are automatic by force of law and are NOT recorded in the land records as a paper document. If the Association says you're paid in full, there's no lien.

posted @ Thursday, December 27, 2012 1:47 PM by George Cameron, Esq.


When the Condo Association placed the lien on your property they should have notified you by certified mail.

posted @ Thursday, December 27, 2012 3:40 PM by BIll


When/if your Association files a lien against your property they are required to notify you and your mortgage company. You may want to check the public records for the local courts in your jurisdiction because the lien would also have to be filed there. When the account is paid in full, the lien must be released and you would receive a copy of the release as well as the public records would be updated. If you received formal notification of the lien, I would also ask the attorney who filed the lien for your association. You may also want to request a copy of your payment ledger to show that the balance is current. Many times people forget the lien fees which could be a couple hundred dollars.

posted @ Thursday, December 27, 2012 10:41 PM by Kathy


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