Description

In what began a dispute with my homeowner association, Norbeck Grove Community Association, Inc. over $236.71 in alleged unpaid dues owed by my condominium association, Norbeck Grove 1 Condominium, Inc. ended up exposing a widespread and decades old illegal debt collection practice performed by property and financial management companies on behalf of their homeowner and condominium association clients throughout the state of Maryland. This is a serious issue of enormous public interest and importance. Homeowners require your intervention to protect their property rights.

For many years property and financial management companies and their employees representing homeowner and condominium associations have routinely engaged in criminal misdemeanor conduct, i.e. the unlicensed and unauthorized practice of law with their preparation and filing of nonjudicial lien documents in Maryland courts to collect unpaid homeowner and condominium association dues. In many case these entities and individuals have filed multiple illegal liens against homeowners’ homes to collect the same debt. I have neighbors who have 3 or more active liens in the public and land records. Additionally, this illegal and criminal misconduct has proven to be very profitable and lucrative for the property and financial management companies that charge homeowners fees up to or exceeding $350 for each illegal lien. These illegal liens remain active in the public and court records, homeowner and condominium associations to collect “unpaid” dues from illegal liens and property and financial management companies continue to generate revenue related to this criminal conduct. (See Exhibit(s) #1 & 2)

Annotated Code of MD Business Occupations and Professions Title 10 Section(s) 10-101(h)(2)(ii) states “practice law” includes: preparing an instrument that affects title to real estate; 10-101(h)(2)(iii) states “practice law” includes: preparing or helping in the preparation of any form or document that is filed in court or affects a case that is or may be filed in a court. A Lien is an instrument that affects title to real estate, constitutes a cloud on the property owner’s title and makes it extremely difficult for property owners to sell or refinance or encumber his or her land.
The unauthorized practice of law is a criminal misdemeanor. Business, Occupations and Professions §10-606. A person, corporation, partnership, or any other association who violates § 10-601 may be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
To date no public official in Maryland has intervened to cease the widespread unlawful practice of filing of liens without a law license, request that the existing illegal liens filed in MD courts are vacated and/or expunged, order restitution to those homeowners who paid fees for the unlicensed and unauthorized legal services, draft legislation to protect homeowners under these circumstances or conduct public hearings to notify the public and judiciary about this unlawful practice.

An illegal lien 1) can impede a homeowner’s ability to sell or refinance his home, 2) creates a “cloud” over the title to the homeowner’s home, 3) may be picked by the three (3) credit bureaus as an adverse occurrence or delinquency, 4) may affect a homeowner’s credit history and remain in his credit file for seven (7) years, and 5) may substantially reduce a homeowner’s credit rating, which may impede his ability to obtain credit and car insurance at favorable rates and qualify for jobs, volunteer opportunities and the rental or leasing of homes and apartments. Lastly, these illegal liens are permanent entries in the MD court records and cannot be expunged, deleted or removed from the public land records without some of type of intervention and legislation by MD state legislators and/or the MD Attorney General.