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35. Notice of Acceleration of Assessment and Filing of Lien; Claim of Lien

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35. Notice of Acceleration of Assessment and Filing of Lien; Claim of Lien APPENDIX 35 The collection process is different for cooperatives because of the different legal structure which requires the involvement of lenders and the right of the Cooperative Corporation to evict delinquent Shareholders. These forms should be used only for a condominium or homeowners association. DATE: ______________ Assessments Due: $ _____ (including past due amounts and assessments for remainder of year) Late Fees: $ _____ Counsel Fees: $ _____ Title Search: $ _____ Recording Fees: $ _____ Total Amount Due: $ _____ TO: ________________ Owner ________________ Address ________________ City, State, Zip Code RE: ________________ Unit Address Lot _____, Block _____ You have previously received a notice of the delinquent status of your account and our records indicate that you have still failed to bring your account current. The installments on your assessments for the remainder of the fiscal year HAVE NOW BEEN ACCELERATED AND A FORMAL CLAIM OF LIEN HAS BEEN PLACED ON YOUR PROPERTY, a copy of which is attached. The Lien may be foreclosed and/or a suit may be commenced without further notice if payment of the total sum due as set forth above plus all future charges and fines due and owing the Association is not made within ten (10) days from the date of this Notice. ___HOMEOWNERS (CONDOMINIUM) ASSOCIATION, A New Jersey Nonprofit Corporation By: _____________________ , President CLAIM OF LIEN CLAIM OF LIEN _________ Homeowners (Condominium) Association, Inc., a New Jersey nonprofit corporation (“Association”), with an address at , , New Jersey, , in care of (Management Company) , hereby claims a lien for unpaid assessments, charges and expenses in accordance with the terms of that certain Declaration of Covenants and Restrictions (“Declaration”) or Master Deed (“Master Deed”) for _______ recorded on in the County Clerk's Office in Deed Book Page et seq. and any amendments thereto, against the Owner(s) below (“Owner”). 1. OWNER(S). The record Owner(s) of the property against which this claim is made is __________________________, whose address is ________________________,____________________, New Jersey _________. 2. DESCRIPTION OF PROPERTY. The property against which this lien is asserted is described as Lot __ in Block__ on the Tax Map of the _______ of _____ and commonly known as _____________________, __________________, New Jersey _____. The Deed to said property conveying title to the Owner is dated _______, ____ and was recorded in the _________ County Clerk's Office on , 20__ as Book _____, Page _____ et seq. 3. AMOUNT DUE. Pursuant to Article ___of the Association By- Laws, the total amount of the unpaid assessments, charges and expenses due to the Association as of _________, ____, including reasonable attorneys’ fees, and costs, is $_______ , which includes acceleration through the end of the Association’s fiscal year, which is December 31, ____. See Schedule “A” attached for a breakdown of the amount [Schedule A is not attached to this form.]. 4. FUTURE ASSESSMENTS. The Claim shall also extend to any and all future unpaid assessments, expenses and special charges, fines, interest, fees and costs to the extent permitted by law. DATED:__________ ___HOMEOWNERS (CONDOMINIUM) ASSOCIATION, INC., A New Jersey Nonprofit Corporation By: _____________________ , President Prepared by:______________________ _______________, Esq. ACKNOWLEDGMENT APPENDIX 35 SATISFACTION OF LIEN TO THE ___________ COUNTY CLERK STATE OF NEW JERSEY THIS IS TO CERTIFY THAT the lien in favor of _____________ Homeowners (Condominium) Association, Inc. identified below has been paid in full or otherwise SATISFIED AND DISCHARGED, and you are hereby authorized to discharge the same of record. 1. Date of recording of Claim of Lien: 2. Claim of Lien recorded in Book at Page . 3. The amount of the lien claim is: $__________. 4. The property against which the lien is asserted is described as _____________, ___________, New Jersey _____ also known as Block ____, Lot __ on the Tax Map of the _______of _________. 5. Name and address of claimant on whose behalf the Notice was recorded: ____________________ Homeowners (Condominium) Association, Inc., __________________, __________________, New Jersey _______. 6. The Owner(s) of said property is ________________, located at _______________, ___________, New Jersey ______.. DATED:_______ ___HOMEOWNERS (CONDOMINIUM) ASSOCIATION, A New Jersey Nonprofit Corporation By: _____________________ , President Prepared by:______________________ _______________, Esq. ACKNOWLEDGMENT.
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