Peter Dunn of the Whittemore Cove Asssociation wrote me an email about a successful road association collection he oversaw for his association.

This was his Message to his Road Association:

Sometimes perseverance pays off.

For three years I have been on the trail of and have tracked the unpaid road fees for 42 Whittemore Cove Road. Many said that since the property was in "foreclosure" the Association should just write-it-off. I disagreed and by researching the laws I found, even as a non-lawyer, that one law seemed to provide a basis for the Association to continue its claim to unpaid road fees. That law said "Any money owed...is an obligation ... burdens the parcel and runs with the land upon the transfer of any owner's interest". Once the mortgage foreclosed and the property eventually passed to J.P. Morgan Mortgage Trust 2006-A3 it opened the door to collection. A company called REO Experts LLC was retained by the bank and it turns out their representative was very helpful and understanding. They requested a substantial amount of information regarding the Whittemore Cove Road Association to which I immediately responded. After one telephone call, within a week, I received in the name of the Association, a check in the amount of $868.61 which pays the amount owed for road fees for the three years 2012, 2013 and 2014 including interest, recording and mailing costs.

 I can't wait to deposit the check then move on to the next foreclosure!

 President & Road Commissioner, Peter Dunn

He sent me a subsequent email. Note the participation of the real estate agent:

The road fee collection effort reached a conclusion and "bore fruit". It took a long time but it was rewarding not only in $ for our Association but also for me and my efforts. There were three years of unpaid fees and the oldest two years had LIENS recorded. I was about to record (likely) a NOTICE of CLAIM for the third year when the foreclosure process began its conclusion after a public auction failed and the "bank" took possession via a recorded deed. I was fortunate that the new listing real estate agent was sympathetic. He and I discussed the outstanding fees and he agreed to pass the details on to the company that was managing the property. That company (in email below) was also sympathetic and obviously wanted to remove all claims or liens on the property. They sent me a substantial "data request" asking for complete details on the $ owed and the "legal" standing of my Association. I had 95% of the answers already prepared and quickly emailed the information to them. They accepted my response and in less than a week I received full payment. I did agree to have our Association cover the cost of recording the Discharge of the liens, i.e., $22 each.

When the legislature changed 23MRSA sections 3101-3104 last year I was not in favor of eliminating the word LIEN from the law and substituting NOTICE of CLAIM. I believe the word LIEN had a much stronger connotation and it remains to be seen how it plays out. I have one other property in foreclosure and will likely record a NOTICE of CLAIM soon; it already has one lien recorded.

I have read all of the Q&A's on the MARA site and don't recall of any other road association saying that they have actually recorded liens. Perhaps they have, but do you know of any? Most are afraid of how their delinquent neighbors will react; that has never bothered me nor does it seem to bother most of my "paid-up" neighbors. I have received "good job" and "congratulations" from 22 out of 32 property owners as a result of the collection.

The following is the notification email that I sent to the property owners in the Whittemore Cove Road Association. My best to you and enjoy the Mud Season, Peter Dunn