3/7/2012 9:18:03 AM
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Section 5: OPA Board Subject: OPA Loses IRS Case Msg# 823904
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RBauersmith:
There was recently passed legislation in Maryland that now allows condominium and homeowner associations to collect a small portion of past due assessments at a foreclosure sale. While this is a step in the right direction it would only pay back to Ocean Pines a relatively small amount which is equal to way less then even one year of late assessment. The point I have been trying to make is that just because there may be a lender initiated foreclosure on an Ocean Pines property it does not relieve the delinquent member of his obligation to pay the past unpaid assessments. The only harm to the Association is we no longer have a recorded lien on the delinquent member's real property. We should, IMO, continue to try to collect until the delinquent member pays, dies, or successfully files for a bankruptcy. With regard to suing delinquent members I believe this action should begin in the same time frame as when we file the lien, or at approximately 90 days. There is not even a small medical practice that does not have at least a part time staff person going after their In-paid accounts. Ocean Pines could easily utilize some of our membership staff who are not nearly as busy in the winter time to file these kinds of actions and appear in court on our behalf. Better yet, outsource it to a collection agency. In the long run there is no cost because all cost of collection falls to the delinquent member. RB, if this was your money and mine I can gaurentee that these dead beat members would never enjoy a meal without a telephone call from our staff or agent until they paid up, or, at the very least, made some arrangement to settle the debt. Marty |
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For reference, the above message is a reply to a message where: On the issue of getting a judgement against delinquent properties if the property is "underwater" and the mortgage holder takes it back it's my understanding that the mortgage holder is responsible for all unpaid taxes. Is there a Forum member that's a lawyer or real estate broker that might have a better understanding of the rules? I also believe if the property is sold the tax judgement must be cleared before transfer of the deed can be completed so either way we would get our money. One more thing, when word gets out that the association is hammering delinquent owners maybe a few of them will get religion and pay up. My point is we have to start somewhere and do something sooner rather than later, the current process isn't going anywhere. |
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