判决留置权诉. 留置权备忘录: Two Power Tools in a 社区协会’s Collection Toolkit

In Virginia, when a property owner fails to pay assessments to the community association, the association has the option of filing a judgment lien or a memorandum of lien against the owner’s property as a means of securing the debt. The benefit of a lien is that it attaches to the property of the debtor, 哪一项增加了担保债务得到偿还的可能性. A lien will prevent the property owner from selling the property or refinancing without first paying the debt to have the lien released. There are key distinctions between the two types of liens; however, 两者都是强大的债务催收工具. This article will briefly explain each type of lien in the context of a tool for community associations to collect unpaid assessments.

Judgment Lien 

The first step in creating a judgment lien is filing a warrant in debt or a complaint in court and obtaining a judgment against the property owner for the amount of the unpaid assessments. 如果协会胜诉的话, 法院的判决通常包括支付律师费, court costs, and interest. 取得对财产所有人不利的判决后, 判决不成为判决留置权.e. attach to the debtor’s property) until an abstract of judgment is filed with the clerk of the circuit court for the county or city where the property is located. 

One of the benefits to a judgment lien is that the association can file the abstract of judgment with the clerk of the circuit court for any county or city where the property owner owns property. It does not have to be limited to the county or city where the community association is located. 判决留置权的另一个好处是, 在协会获得未缴摊款判决后, the judgment may be enforced for up to 20 years after the judgment is obtained. In addition to filing an abstract of judgment that attaches to real and personal property, a community association may also enforce the judgment by garnishing the property owner’s wages or accounts. 判决留置权的缺点之一, however, 判决留置权是较低优先权的留置权之一吗, 如果是优先留置权, 例如留置权备忘录, tax lien, 或者抵押留置权被取消赎回权, 这是罕见的，将有钱支付给判决留置权, and the lien will likely be rendered moot in its effect against the property that was foreclosed upon. 

留置权备忘录 

In contrast, a memorandum of lien may be filed by an association without first going to court, 由于提交此类留置权的能力源于法规. Virginia Code § 55-516 provides the requirements for perfecting and enforcing a memorandum of lien in property owners (or homeowners) associations, 《皇冠线上买球平台》第79条.84 provides the requirements for perfecting and enforcing a memorandum of lien in condominium owners associations. Provided that the requirements for perfecting the lien are followed, and proper notice is given to the property owner at each step pursuant to the statute, a memorandum of lien may be directly filed in the land records of the county or city where the property is located, 在房产的标题上创建一个云，直到它被释放. 

留置权备忘录有几个好处, including that (with very few exceptions) it is higher in priority than judgment liens. Also, 留置权备忘录可以被取消赎回权, and the property sold as a means of collecting the debt secured by the lien. There are also downsides and pitfalls to filing and enforcing a memorandum of lien. 以完善物业或业主协会留置权, it must be filed within 12 months from the time the assessment first becomes delinquent. 这是需要注意的, especially if the association only charges assessments on an annual basis. 然而，成立共管公寓协会的期限甚至更短. A condominium memorandum of lien must be filed within 90 days from the time the assessment first becomes delinquent. Further, 不像判决留置权有20年的执行期限, a memorandum of lien loses its enforceability after 36 months from the time it was recorded, 除非已采取行动强制执行留置权(如.g. 启动止赎程序). 

最佳实践技巧 

判决留置权和留置权备忘录并不相互排斥. The best practice for a community association is to file both types of liens to increase the likelihood of payment. It is also a good practice to first check the governing documents and/or condominium instruments, as some will have provisions that address debt collection practices, 包括提交留置权的额外要求或限制. 

Liens are by no means the only tool in an association’s collection toolkit, 但它们是两种强大的工具. Whether you are a member of your community association’s board of directors or an association property manager tasked with debt collection strategy, make sure that your community association takes full advantage of these valuable tools. 

克里斯汀Jurjevich is a Pender & Coward attorney who routinely assists community associations with collection efforts, including obtaining judgments for delinquent dues and filing memoranda of liens and foreclosure proceedings.