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Old 11-17-2009, 07:55 AM
 
14 posts, read 26,979 times
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Hi everyone, this is my first post to this forum and have a situation I hope others can chime in on.

My husband and I purchased a new construction condo in Las Vegas back in 2007. Yesterday we were served a civil summons. The construction company for our condo is suing the developer and all of the homeowners for additional unpaid construction costs/fees in the millions.

The civil summons packet includes a Notice of Foreclosure. Looks like the construction company wants to start foreclosure proceedings against all the condo units to recoup construction costs. I can see the point of suing the developers, but we as homeowners have already paid outright for this condo. Does the construction company have a valid basis to sue us?

We have 20 days to respond to this summons. We live and work in New York City and the Las Vegas condo is our secondary residence. Right now we are scrambling to find an attorney in Las Vegas to assist us in this matter.

Any thoughts, comments, or similar stories are appreciated! Thanks in advance!
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Old 11-17-2009, 08:04 AM
 
Location: North Las Vegas
1,631 posts, read 3,952,539 times
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You need to get an attorney the same thing happened at Turnberry Place a while back.
Here is a link to that article, I don't know if you will be able to glean any info from the article to help you. reviewjournal.com -- Business - Company to file liens against Turnberry Place owners*
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Old 11-17-2009, 08:45 AM
 
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^^Thank you 007 license to sell for the article! Looks like this is just the beginning of a long court battle for us...We have been contacting different attorneys who are experienced in Construction Law in the Las Vegas area since yesterday. It has been kind of difficult to screen who would be the most qualified to help us...
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Old 11-17-2009, 09:04 AM
 
Location: North Las Vegas
1,631 posts, read 3,952,539 times
Reputation: 768
Quote:
Originally Posted by uwsresident View Post
^^Thank you 007 license to sell for the article! Looks like this is just the beginning of a long court battle for us...We have been contacting different attorneys who are experienced in Construction Law in the Las Vegas area since yesterday. It has been kind of difficult to screen who would be the most qualified to help us...
You might want to go to the Nevada State bar and see if you can find one that would work for you. Check out their website:www.nvbar.org
Best of luck unfortunately anyone purchasing a property could end up in the same boat as you right now.
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Old 11-17-2009, 09:37 AM
 
14 posts, read 26,979 times
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Quote:
Originally Posted by 007 license to sell View Post
You might want to go to the Nevada State bar and see if you can find one that would work for you. Check out their website:www.nvbar.org
Best of luck unfortunately anyone purchasing a property could end up in the same boat as you right now.
^^Thank you again! We will try their Lawyer Referral & Information Service today. That is very true with the unfortunate state of the real estate market today. We did a Title Search on the property before purchasing which came up clean, and this still happened!
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Old 11-17-2009, 09:58 AM
 
Location: North Las Vegas
1,631 posts, read 3,952,539 times
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Quote:
Originally Posted by uwsresident View Post
^^Thank you again! We will try their Lawyer Referral & Information Service today. That is very true with the unfortunate state of the real estate market today. We did a Title Search on the property before purchasing which came up clean, and this still happened!
Unfortuntely these things happen later after a title search, which condo community did you purchase in? I am worried this is going to happen at Boca Raton since the developer is in talks with the bank over a bankruptcy I wonder if the sub contractors were paid on that project as well.
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Old 11-17-2009, 10:15 AM
 
14 posts, read 26,979 times
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I am hesitant to name the condo on the forum publicly. Will be happy to disclose which one it is after this lawsuit is resolved. 007 license to sell, sending you PM right now...
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Old 11-17-2009, 12:10 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,212,370 times
Reputation: 2661
In general I would expect the Association or some set of homeowners to jointly hire a lawyer. Given that you are all involved it is likely that one counsel will do for the set. Check with the Association.

If you want individual counsel I will point you to a reasonable lawyer for this sort of thing. He is an RE specialist and rationally priced. Let me know if you want it. The lawyer referral service is a crap shoot.
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Old 11-17-2009, 12:50 PM
 
14 posts, read 26,979 times
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The HOA has been giving us the runaround when we contacted them yesterday. Called them and spoke to our HOA manager who confessed to not knowing about the situation. Then was urged to contact our title insurance company who also was hearing about this lawsuit for the first time and was recommended by them to contact the developer who has not returned our calls yet. The secretary there told us to contact the HOA. Very frustrating!

We do hope to band together with the other homeowners in our building to seek a group representation. It has also been very difficult to connect with other homeowners. There are only a handful of us in this condo of hundreds of unsold units. We have only briefly met one of our neighbors (we were the only two occupied units on the same floor) since moving in as this condo is our second home we stay at a few times a year.

The last time we were in Vegas the neighbor's condo was seized by the bank and there was huge padlock on the doorknob! Most of the other homeowners are from out of state like us or foreign investors. The HOA will not release their contact information to us. We will have to try other ways of contact and be more active when we visit next time.

I did try the lawyer referral service earlier today and was given a attorney. After speaking to him, he confessed he was not the right person for the job as he deals with debt collections primarily and not very familiar with property foreclosure cases.

Right now I am waiting to hear back from two firms who are checking our case to rule out conflict of interest first. They told me they specialize in lien disputes.

Thank you Olecapt, you will be hearing from me about your lawyer recommendation if these two don't work out.
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Old 11-17-2009, 02:33 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,212,370 times
Reputation: 2661
Any RE Agent or Title Co. can get you a list of the property owners and their mailing address. It is a public record.

The obvious contact point is the President of the HOA...who is an owner and should lead the charge along with the BofD.
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