A Complaint for a Declaratory Judgment (foreclosure) has been filed in the Registry of Deeds against a property owner on our road. The court has not yet made a ruling on this matter. The property owner has not paid the annual road association assessment, it is currently 48 days past the due date, and an overdue notice has been sent. In the event that the assessment remains unpaid a warning of claim notice will be sent after 60 days and a notice of claim will be filed after 90 days. My concern is with how to proceed and the status of the associations claim if foreclosure takes place before filing a notice of claim (90 days).

•  Can a Notice of Claim be filed before 90 days of non-payment?
• Is a warning letter sufficient to alert the bank an obligation to pay an assessment?
• Who should be the named recipients of a Warning of Claim letter and a Notice of Claim?
• What are the proper procedural steps and timing for sending this correspondence?