Wednesday, August 3, 2011
Can a lien published and recorded in public records be ignored when you get an estoppel letter?
I'm located in Florida. I have a lien dated Feb 28, 2011 and recorded Mar 7, 2011 in the public records. I buy foreclosures so we base our bid upon known debts. The estoppel atttorney keeps ignoring the published lien in the official records and has now, 3 months later, tried to charge me over $8000.00 for prior HOA fees when the lien established the debt at under $6000 at the time lien was placed on property. Can a HOA attorney just ignore the lien and arbitrarily establish a new amount although the lien, including attorney fees, late charges and interest was already established and placed into the public records. Three months after lien was placed in official records the estoppel letter ignores the lien and has increased from $5777.90 to over $12,000.00. 1. What recourse can anyone recommend to stop this abuse of the system???? This is a constant battle with HOA attornies over the last 10 years. 2. What is a reasonable attorney fee for processing estoppel letters and filing liens? 3. Sounds like a class action suit in the making for some attorney because it is wide spread problem that needs to be reined in by the BAR Association or the law changed to specifically identify what can and can't be charged to a buyer who purchases property with HOA Liens. Right now it's a guessing game on just how much an attorney can attach to HOA Liens. In most cases the attorney fee is higher than the lien on the property or close to doubled. I would appreciate a speedy answer from an attorney. Thanks
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