Cedarburg, WI asked in Real Estate Law for Wisconsin

Q: Q: We our part of a 4 unit condo association. One unit owner passed away and the unit is being foreclosed upon.

Q: We our part of a 4 unit condo association. One unit owner passed away and the unit is being foreclosed upon.

Asked from Cedarburg, WI, USA 0 seconds ago

Can we put a lein on the unit for past condo dues? The unit owes 10 months of dues. It is being sold at the sherrif's auction Nov. 7th. The county clerk's office said we can't put a lien on the deceased person, since his estate or lack of an estate is not accepting responsibility.

Related Topics:
1 Lawyer Answer
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq.
  • Albany, CA
  • Licensed in Wisconsin

A: According to Interlaken Service Corp. v. Interlaken Condominum Ass'n, Inc., you can put a lis pendens (pending action) on each unit owner, holding each equally responsible. 222 Wis.2d 299 (Wis. App., 1998). This is regardless of whether they choose to "accept" responsibility. Inheritee of debts will answer for debts of the deceased. You can contact me for more information.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.