The condo association had filed a lien against the previous owner. but after one year of no action by the association. On July 2014, the court ordered to dismiss the case for lack of action by the association for more than a year. I won the bid on October 2014,But on November 17,2014 the association sent me a demand letter for the entire amount owed by the previous owner for the past 4 years plus all other fees and interests. My question is how come the association trying to collect from me the same lien that the court had already ordered to dismiss for lack of action for more than a year? shouldn't they collect only from the time of dismissal date and after?
A dismissal of a law suit for lack of action is not a dismissal on the merits. Generally, the suing party retains all of its rights that it had to start over. (there could be issues such as a statute of limitations preventing a successful second lawsuit). Frankly, the dates you mention do not appear to make sense, that a case was dismissed yet just a few months later you could bid at a foreclosure sale. You might need to see the entire court docket. Also on a condo foreclosure judgment there should have been an amount awarded in the judgment. An attorney should review the condo and lawsuit history.
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If I understand the facts correctly there were two foreclosure actions: (1) by the condominium association; and (2) by the master association. Generally, a purchaser of a condominium is responsible for all assessments that become due while he/she is the owner. Additionally, a new owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title.
Therefore, you are probably liable for the amounts previous due. The only exception might be whether there is something in either the condominium declaration of master association declaration that might possibly provide you with relief.
You may have other title issues with which you will need to contend. Please consult a local attorney so that you have a clear understanding of your position. Most of us offer a free consultation.
Any answers I provide to questions are for general informational purposes only and do not establish an attorney-client relationship.
No, the Condominium Act provides that any purchaser, no matter how title is obtained, is liable for the past due assessments of any previous owner. It specifically states in the statute this applies to title obtained in foreclosures. By law you have only 30 days to pay the amount due. The statute only addresses the past due assessments, not legal fees, interest and late charges. The associations always demand all of the other charges and you could spend thousands of dollars in attorney's fees trying to settle the issue.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.
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