2 months after we closed we found out that we had a Association with Dues. Not only did they want us to pay our dues, they wanted to collect on the past owners past due amount back to 1998. We tried to work it out with the Association to no avail. Now my husbands check is being garnished for $5500. What should we do
Personal Injury Lawyer
You need to retain a good civil litigation attorney (ideally someone who concentrates in real estate). You could potentially have causes of action against the title company or association.
As for the title company, they never told you about the association or the encumbrances on the property because of the old owners?
What the association is doing may also not be legal.
This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.
Real Estate Attorney
Have you looked at the title policy to see if it excepts the restriction which requires you to pay these dues? Were there any liens from the association shown on your commitment? Any payments to the association on your settlement statement? If it does not appear on your policy, you might have a claim against them. I do not believe the title company has an obligation to inform you of this otherwise. There are limits to what can be collected in certain circumstances. You should contact the attorney who represented you on the transaction. If you did not have one, now would be the time to retain one.
By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.
3 lawyers agree
You likely had caused of action against the prior owner and the title company.
However, you have now waited seven years after learning of the problem. The claims may be time barred by the statute of limitations. You will need to speak to local litigation counsel.
I am not a IL attorney, laws vary from state to state, therefore you should always consult a local attorney.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.