Guam Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment

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US-01186BG
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Description

A subdivision is the development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through sale, lease, or building development. The developer will generally file a document called a Declaration of the Covenants and Restrictions of (Name of Subdivision). This Declaration is normally filed in the land records of the county where the subdivision is located, and will contain regulations regarding the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Technically, yes, but it is so difficult that it is not realistic in practice. There are both legal and practical considerations that most homeowners have not considered.

After a lien is placed on your home, your HOA can choose to foreclose on that lien. It doesn't even matter if there is a mortgage on the home ? as long as state laws and the CC&Rs allow it, you may face foreclosure. There are two ways an HOA can foreclose on a lien: Judicial foreclosure.

The HOA can get a lien on your home. The association typically can charge you for the overdue assessments, plus attorneys' fees, costs, late charges, and interest. The association might choose to foreclose its lien. Lien priority determines what happens to other liens, like a mortgage, if an HOA lien is foreclosed.

Because California is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

But under Washington law, a COA is entitled to a super lien over mortgages recorded before the date that the assessment became delinquent in an amount equal to six months' worth of delinquent common expense assessments. (Wash. Rev. Code § 64.34.

A home can be foreclosed on for many kinds of debts, not just a mortgage. For example, Home Owner's Association (HOA) can foreclose in some cases for unpaid dues and assessments.

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Guam Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment