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Anyone a Real Estate Lawyer in NJ
Old 08-26-2018, 03:20 PM   #1
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Anyone a Real Estate Lawyer in NJ

Ok own top floor of a two unit condo in NJ shore.
First floor owner did not pay me for the last 3 years for flood and building
insurance, nor repairs to building this year.
Other owner in bankruptcy.
First floor sold back to bank on 8/1 sheriff sale.

Bank has paid me half of this years flood and building insurance.
That'r great, since it is ongoing.

We are talking about another 12,000 here in unpaid insurance bills, and
building repairs.

When I sent the bank all the other bills, all I get is silence.

My contention is that they are responsible to the HOA, which is now both of us, but I am the senior associate.

When they bought back the property in the sheriff sale my contention is
they also assumed the liabilities of the rest of the unpaid bills.

My question is. Are they responsible for unpaid bills prior to 8/1/18.

They intend to put the property up for sale.

If I am not paid 1/2 of the outstanding bills.

Should I attach a lien, or the condo association attach a super lien.

I did not do this in the past, since the other owner was bankrupt.

Any help appreciated, otherwise I am checking with my real estate
agent, in NJ, and their lawyer, and or a local lawyer.

I am sure they might not want an lien on the house they are trying to sell.

Do not want to do this, but might be forced to, if the condo association
has any legal right to do this, at this time.

Thanks for any advice.

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Old 08-26-2018, 03:29 PM   #2
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Somewhat relevant... DD was buying a REO condo. Both the prior owner and the bank were in arrears on HOA fees. The HOA would have received HOA fees in arrears at the closing.

Read your HOA documents.

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Old 08-26-2018, 05:27 PM   #3
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Interesting. Now a question might be, what entity needs to know that
HOA fees are not paid.
No one knows this except the bank, since I have sent them all the paid bills.
The only way I know to force payment at settlement if they find a buyer, is to put a lien
on the property.
But, really trying to figure out if they must pick up prior owners, lack of payment
of HOA fee's prior to 8/1/18 when the sheriff sale went off.
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Old 08-26-2018, 06:35 PM   #4
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You will have to check with a NJ RE attorney. These are just my thoughts on the process. Your claim was against the prior owner. You did not have any lien on the condo at the time it was transferred. (There may for example have been tax liens, or mechanics' liens on the condo at the time of sale, which would have been satisfied, in order of priority, from the available proceeds, at the time of sale.) You did not place potential buyers on notice of your claim. Thus, the bank acquired title w/o your lien. The trick is getting a valid lien filed prior to the sale.

Again, YMMV, I have no knowledge of NJ law.

Let us know how it goes.

Good luck.
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Old 08-26-2018, 06:52 PM   #5
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Thanks all. From what I understand even if I/HOA put on what is called a super lien, prior to the sheriff sale, that would have been dissolved at the sale with 6 months worth of payments. Not really worth all the trouble.

Just looking for options at this time, if any. If none then so be it.
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Old 08-26-2018, 06:54 PM   #6
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Assuming there is a title company involved, do some research on New Jersey estoppel laws.

Whenever there is a HOA an estoppel letter must be sent to the title company providing info on what HOA violations are open and HOA any monies owed. The title company must ensure a clear title and cannot close on a title that is not cleared of all violations and liens. An officer of the HOA must provide the estoppel letter. This may be a way to get the monies owed into the title process.
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Old 08-26-2018, 07:24 PM   #7
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Estoppel letter is an interesting concept. Funny the first floor has been sold twice, since
I owned the top floor, and I never had a request for an estoppel letter.

If you are buying a property governed by a homeowner’s association, your lender must receive an estoppel letter from the HOA prior to the closing. The purpose of the estoppel letter, a legally binding document, is finding out whether there are outstanding balances owed to the HOA. Such balances could end up with the HOA putting a lien on the property.

I see that what ever goes on I should contact a real estate lawyer in NJ.
That way I will know if there is any obligation by the bank, for unpaid bills
prior to the sheriff sale.

Thanks for the info.

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