How to pursue association write-offs
By Mitch Drimmer, CAM
So there you are at another board meeting and your community association manager is sharing some good news and some bad news. The good news is that after three years the bank has finally foreclosed and taken title to unit 101, and since the mortgage was $150,000 the association has recovered $1,500 in assessments(the lesser of 12 months or one percent, frequently referred to as the statutory cap).
The bad news is that the unit owed $10,400 including $1,500 in attorney fees. After paying the attorney, the total net recovery for the association was zero, and the shortfall to the association was $8,900. The treasurer asks “What now?” and the manager responds with “our lawyer says that we have to take a write-off.”
Can an association get back any of the money it is owed after a bank forecloses. The answer is yes, but only if the association knows it can and then makes the effort to collect it. It is money being left on the floor. All the association has to do is reach to pick it up.
What boards need to know is that when a bank forecloses, takes title and leaves the association with an unpaid debt, the money is still owed to the association and may be attempted to be recovered. The recovery is not always easy. It may not always be fruitful. Boards of directors need to ask this simple question: “is there any way that we can go after the former owner and get back the money that is owed to us?” My advice to association boards is to take nothing for granted and treat this lost money as if it were a debt personally owed to you. Would you walk away from it? Instead of getting angry, do something to recover your money.
Engaging Association Financial Services is the best option. AFS will operate as agents of creditors (like an association) and collect debts for a percentage of the total amount owed. So if you are collecting zero, any percentage recovered looks pretty good at this point.
Association Financial Services is focused on the community association industry and we are actively working to collect community association debt owed on exclusively a contingency basis. If you are a member of a board of directors, it’s time that you considered what is owed, and how you can get it back. Give us a call and one of our Account Executives will be glad to speak at your next board meeting. And if the board gives AFS the green light, we will be happy to contact that former owner of unit 101 and pursue recovery of the association’s money.Call today 866.736.3069



