Resources

The Effect of Public Trustee Foreclosure On Association Liens

Filed Under Collections, Foreclosure

Posted September 17, 2011

Foreclosures through the Public Trustee’s office tend to increase when the economy falters but even in strong economic times associations will be faced with the repercussions of public trustee foreclosures. These foreclosures are generally commenced by first mortgage holders and can have a significant impact on associations. To understand the impact it is necessary toGo to Resource

The Association’s Superlien: What Was It Intended To Be, What Is It, and Where Is It Going?

Filed Under Collections, Litigation

Posted September 17, 2011

There has been much conversation in recent years, and considerably more in recent months, about the association’s limited priority lien, or “superlien.” What was it intended to be, what is it, and where is it going? What was it intended to be? The superlien was created in order to protect associations against loss of assessmentsGo to Resource

Servicemembers Civil Relief Act and Its Implications for Homeowner Associations

Filed Under Collections, Samples, Forms, Checklists

Posted September 17, 2011

The Service member’s Civil Relief Act (SCRA) expanded upon the former Soldiers’ and Sailors’ Civil Relief Act (SSCRA). The SCRA provides a wide range of protections for individuals entering, called to active duty in the military, or deployed service members. What affect does this law have on your association regarding collection of past due assessments? Go to Resource

Lien Assignment Process and Procedure

Filed Under Collections, Litigation

Posted September 17, 2011

The lien assignment process almost always begins with the owner’s mortgage lender (i.e. bank) commencing a foreclosure on its first deed of trust. Prior to the bank proceeding to foreclosure sale, it must submit a bid to the Public Trustee’s office. At that time, investors review the bank’s bid and determine if they would beGo to Resource

Is An Impound Fund the Solution to Your Association’s Delinquency Problems?

Filed Under Collections, Litigation

Posted September 17, 2011

Recently an association inquired whether it would be a good idea to require an impound fund for all new owners in an effort to curb the community’s delinquency problems. The idea behind the proposed impound fund, also called a reserve or escrow account, is that each new owner would be required to put an additionalGo to Resource

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