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.

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1 Lawyer Answer
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq.
Answered
  • 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.

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