There's a HOA lien placed against my property since 08 by the prior HOA and their attorney. I called both offices of the prior HOA and their attorney to payoff and they both told me all cases have been closed out for my community. I'm told the attorney was never paid for his services. The current HOA which was transferred from builder to homeowner tells me to give them a check and they'll remove the lien. The county tells me the lien has to be released by the prior HOA and Attorney. There are legal issues going on with both HOA's with a homeowner in the community. What do I do?
1 Answer from Attorneys
The lien can only be released by someone with authority to act on behalf of the HOA that originally placed it in the land records. In order for the current HOA to do it, they must first receive an assignment of the lien from the builder's HOA. Hopefully when the current HOA took over, the transfer docs provided that all existing such liens were assigned to them. You should take this up with the HOA and ask to see their authority to do this. The original HOA is probably dissolved at this juncture.