In the June 2015 edition of The New Jersey Cooperator, Ronald L. Perl, Esq., the partner-in-charge of Hill Wallack LLP’s Community Associations Group, was quoted in the article “New Jersey 2015 Legislative Update.”
The article discusses pending legislation relating to or touching upon community associations in New Jersey, and Mr. Perl’s comments focus specifically on the continued issues experienced by community associations in New Jersey (and in other states) with respect to mortgage foreclosures.
In the article, Mr. Perl states:
“One of the huge problems for associations,” he says, “is that the lenders are not aggressively pursuing or completing the foreclosure process. This means that the units are not sold, and associations are in limbo.” “Therefore,” says Perl, “the association is providing services without receiving the assessment income that should be coming from the unit. Associations are seeking the appointment of rent receivers in some instances, where a renter can be put in a vacant unit to generate income for the association.”
Mr. Perl also calls attention to what he considers “an attack on association lien priorities in the courts.” In one HOA foreclosure in Nevada, Perl says, the bank failed to answer the complaint or participate in the litigation “until the court entered a foreclosure judgment which eliminated the first mortgage lien … because [the bank] didn’t participate in the case or bid at the sale, they were wiped out.
You can read the full New Jersey Cooperator article here.
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