Frequently Asked Questions

Have another question? Just let us know!

How do I get a payoff statement?

A recent Notice of Real Estate Assessment was filed. Is this a lien?

The Notice was filed to help ensure that prospective home buyers, title companies and closing agents are aware of the assessment, and is NOT a lien. Although, all interested parties should check the property records for any liens on the property.

There is a past-due fee. Who is responsible for payment?

The current property owner is responsible for any past-due fees, as the assessment runs with the land. However, the prior owner was obligated to disclose the assessment at the time of sale, and it should have been identified during the title search. If the assessment was not disclosed or discovered, the current owner may wish to consult legal counsel regarding potential recourse.

What happens if we pay the 1% fee without submitting a Payoff Request?

If you do not fill out of a Payoff Request to receive a payoff statement, you may be missing a prior unpaid fee or the sale could be exempt. Please make sure to fill out the inquiry form in order to receive the correct amount owed, if any.

Does every transfer of title require payment of the assessment?

No, certain sales are exempt. Please make sure to fill out an inquiry form to verify.

Is this assessment connected to the HOA?

We are not an HOA nor associated with an HOA.

What are the most common title company mistakes in closing a transaction with an assessment?

The most common mistake is relying on a purported release or termination. Purported releases and terminations often fail to satisfy all of the requirements of the Declaration of Covenant and are therefore invalid. Another common mistake is assuming a foreclosure or bankruptcy discharged the assessment or that a short sale is exempt. Please make sure to fill out an inquiry form to verify.

How can we ensure that a transaction which we close will have no unresolved claims for unpaid fees?

We can provide an estoppel certificate to confirm compliance with the Declaration and that there is no remaining unpaid balance for an administration fee of $50. Estoppels for exempt transfers are provided at no charge.

There is a statute in my state that prohibits this type of assessment. Does this mean the assessment is invalid or fraudulent?

Some states enacted statutes that prohibit new assessments from being created but this does not affect pre-existing assessments. If the Declaration of Covenant was filed before the effective date of the statute, it is likely still valid. The Notice of Real Estate Assessment will typically state when the Declaration of Covenant was filed.

What is the best way to contact us?

The fastest way to receive a response is by filling out the contact form for general questions or completing a Payoff Request.

DISCLAIMER: The above is general information, the accuracy and reliability of which each person must determine for his or her self in consultation with legal advisors of their own choosing. No guarantee of accuracy of the information presented herein is expressed or implied, and is expressly disclaimed.