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Is an "Intent to File Lien" required?

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Toby

Junior Member
What is the name of your state? Arizona

Is an "Intent to File Lien" required? Is timely notification, of some kind, required?

I paid my homeowners' association dues for the year, in full, at the beginning of the year. I used a bank cashier's / official check to make the payment. I did not use a regular account check, because it always seems to take so long for the check to clear. I was trying to be expeditious.

A couple months went by. No issues. Then, on April 30th, I received a COPY of a lien. The document came standard US Mail delivery. There was no recordation stamp on the document (Though I did check my county recorder's website and saw the lien had been recorded). There was no additional information attached to the copy of the lien. The "mail to when recorded" name was an attorney's office address (no phone number). The address stated "attorney for..." then my homeowners' association name.

The lien was for an amount more than what a whole year's dues would be. It was without explanation as to a breakdown of why, other than "amounts owed and fees."

I have never had an issue, nor a late payment. Payments are required monthly. I usually pay quarterly. However, I made a full annual payment this year. I have owned my home for going on 11 years. Needless to say, I was shocked and horrified that the copy of lien came to me.

I am currently working with my bank to trace the cashier's/official checks, to see if they cleared. I sent them standard US Mail (note to self, Certified next time). This is a serious, good-intention-gone-bad situation that could have been avoided with more cautiousness and better communication.

Should I have received some sort of prior correspondence? Something prior to filing of the lien? Like a "Notice of Intent to File Lien," or a heads-up letter, or even a breakdown of what I am being charged for?

Thank you for your advice
Toby in AZ
 


FlyingRon

Senior Member
Were the dues in arrears? Generally checks clearing is not an issue. A cashiers check won't clear any faster, all it means is that it's unlikely to be bad for NSF or other reasons as the funds are outside your reach.

Something is screwy. I'd send another letter to the HOA and the lawyer demanding an explanation and that you had paid the dues timely.

I also thought that Arizona required a civil judgment before you could get a lien for an HOA assessment delinquency

The additional fees are probably collection and legal fees. Once they get around to having liens filed it's always for more than the original debt.
 

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