My question involves a condominium located in the State of: Arkansas
In 2010 I purchased a foreclosure. The title search was clean. Seven months later the HOA filed a lien on my property for dues owed by the previous owner. They knew or should have known the claim was false as the purchase, title transfer etc. are a matter of public record available in the same office where they filed the lien. Nor would the current name on the property match the HOA records for the previous owner. I have spent nearly a year going around and around with them about the removal of the illegal lien. They acknowledge that I do not owe the debt on the lien, but have not removed the illegal lien although I have been assured multiple times by management that it will be done.
I did several hours of legwork for them in obtaining paperwork from the county clerk's office, the title company and my mortgage company in an effort to be pleasant and cooperative. I also obtained the new addresses for the previous owners so that the debt could be collected directly from them. In other words several hours of work that was not my responsibility.
I'm finally at the point where I am refusing to pay any further dues until I receive legal notification that the illegal lien has been legally removed. The dues have been put into an account until that happens. I have also told them that I will charge my hourly rate for any further work I do on this situation which is their responsibility and not mine. I explained exactly what that amount was and how it would be billed. I also told them that if I am forced to hire an attorney I will also seek the attorneys fee and punitive damages for a filing a false claim. In other words it would be so much easier to just remove the lien.
Besides kicking them in the ankle what other options are there?