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Maine Alliance for Road Associations

What if owner doesn't sign and accept certified letter re: Claim/Lien?

  • 22 Jun 2016 3:15 PM
    Message # 4091937
    Deleted user

    One of our road association members is in arrears for going on 3 years now. We have sent multiple notices and last month sent a certified letter which was returned to us after the USPS did their thing. This owner lives in Pennsylvania. I figured we have done our due diligence and can now file a claim/lien in the County Registry. This particular owner is known for not paying bills including work she has hired contractors to do and she has had a mechanic's lien on her property in the past year. Does anyone else have any thoughts on what to do after the owner does not sign for the certified letter? Thanks. 

  • 23 Jun 2016 6:24 PM
    Reply # 4095193 on 4091937

    Start the process asap.  Look in Resources for "Collection Timeline" and sample forms to use- Written Notice and Claim Notice.

  • 24 Jun 2016 7:59 PM
    Reply # 4100940 on 4091937

    Assumimg your road association is a Title 23, about all you can do is to continually follow the collection action procedure year after year if necessary. Make sure you follow through to the recording of Notice of Claim for each year of delinquency. Be sure and keep the USPS Notices as evidence that you followed the law. 

    Hopefully some year it will catch up with the delinquent and they will be forced to pay up. Good luck, it requires backbone! 

  • 10 Jul 2016 4:04 PM
    Reply # 4122909 on 4091937

    We have a resident who has refused to accept our certified letters two years in a row. They haven't accepted either letter and they were returned to sender. We have a record of our mailings and their refusal. I sent a copy of the notice via email to ensure that they are aware. I recently filed a second lien and have sent a copy of the lien via email as well. They cannot say they don't know about their situation.

  • 11 Jul 2016 8:27 AM
    Reply # 4123676 on 4091937

    Assuming that your Association was formed under Title 23 and the required 30 days has passed, I suggest that you record the Notice of Claim as soon as possible. After you receive the recorded copy back with Book and Page noted send a copy to the delinquent. Also do the research to determine if there is a mortgage on the property; if there is, send a copy of the recorded Notice of Claim to the mortgagee. A mortgagee (possibly a bank) may pay off a Claim and add the amount paid to the balance owed. If Foreclosure is imminent be sure to act promptly otherwise you may have to wait until the court settles the Foreclosure which seems to take months.

    Once again Good Luck, Peter Dunn

  • 12 Jul 2016 5:17 AM
    Reply # 4125511 on 4091937
    Deleted user

    Peter, you are always so helpful. I really appreciate your posts. Thank you. We are a statutory road association (and a non-profit). We just filed the lien last week and got the original back from the Registrar yesterday. I am sending the owner a copy today but I will also research to see if there is a mortgage holder and send a copy there as well. Again, thanks!

                            The Maine Alliance for Road Associations


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