Nearly every association has had to deal with the situation where an owner stops paying assessments and does not respond to late notices from the association. The association then refers the owner’s account to legal counsel, who files suit against the owner. At some point during the collection process, however, the owner files for bankruptcyGo to Resource
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How do you know when you’ve won and achieved your goal in a collection action? Specifically, when should the Board consider accepting less than the total amount of the debt owed by a delinquent homeowner? How should you evaluate settlement offers to ensure the association actually gets the money it’s attempting to collect? It’s alwaysGo to Resource
In today’s economy of rampant foreclosures and bankruptcy filings, it is becoming all too common for associations to be confronted with the unpleasant task of “writing off” uncollectible debt. There are a few common instances when a debt becomes uncollectible. When an owner files a bankruptcy and obtains a discharge from the court, then allGo to Resource
With bankruptcy numbers still on the rise, questions continue to abound regarding the impact an owner filing for bankruptcy has on an association…especially when it comes to collection of assessments. Bankruptcy is a means by which a person (which can be an individual, partnership or corporation) seeks relief from debt. If a bankruptcy is successful,Go to Resource
Recently, several major national lenders have responded to the so-called “robo-signer” scandal by announcing either freezes or new procedures relating to foreclosures in various states, including Colorado. The scandal revolves around the admission by several low-level employees at national lending institutions that they routinely signed affidavits necessary for banks to complete foreclosures without having anyGo to Resource