Steve Sowell & Associates, PLLC

2 Crocker Blvd.• Suite 301

Mount Clemens, MI 48043

586-465-9529 • FAX 465-9577

stevesowell@earthlink.net

www.sowell-law.com

Note: to download a version in PDF format, click here. 

Community Association Law Fee Schedule

Notice of Default/Intent to Record Lien................................................................. $100.00

Fee includes review of ledger card/request; preparation and service of letter advising co-owner of default and association’s intent to record a lien if account is not brought current.

Community Association Lien................................................................................... $225.00

Fee includes review of ledger card/lien request; preparation, service, and recording of community association lien; delinquency letter to owner; letter to register of deeds to record lien; telephone calls with board, owner, and/or managing agent, and drafting of discharge upon payment by member. Note: there may be an extra charge for multiple units on the same lien.

Forbearance Agreement........................................................................................... $150.00

Fee includes review of co-owner’s proposed payment arrangement; seeking board approval of payment plan; drafting forbearance agreement and letter to co-owner; monitoring payments and advising client of completion/default.

Community Association Lien Foreclosure by Advertisement......................... $1,075.00

Fee includes ordering and review of title commitment and advising client of availability of foreclosure, sending final letter to co-owner;

preparation of sale notice, letter to co-owner advising of commencement of foreclosure; arranging for publication and posting of sale and obtaining/reviewing affidavits of publication and posting;

drafting of sheriff’s deed, non-military affidavit, affidavit of amounts to redeem, and bid sheet and providing same to sheriff/legal news; confirmation of sale and recording of sheriff’s deed, and monitoring of redemption period.

Fees are billed as follows: $200 upon ordering title; $300 upon preparation of sale notice; $500 upon preparation of sale documents; $75 at end of redemption period.

Adjournments of Sale (foreclosure by advertisement).......................................... $75.00

Fee includes preparation of notice of foreclosure; arrangement with sheriff to post and announce adjournment of sale. Charge is per each adjournment.

Preparation of Redemption Calculations................................................................ $200.00

Fee includes review of client ledger card/records for post-sale charges, calculation of interest on sheriff’s deed, confirmation of taxes and other assessable charges, preparation of redemption calculation sheet. One fee is charged regardless of the number of updates requested.

Preparation of Redemption Receipt........................................................................ $200.00

Fee includes acceptance of certified funds for redemption of property, preparation of redemption receipt, recording same with register of deeds, confirming recording of redemption receipt.

Uncontested Judicial Community Association Lien Foreclosure..................... $2,575.00

Fee includes review of title, preparation and service of complaint for foreclosure, obtaining service of process (including substituted service if necessary), preparation and entry of defaults, drafting of and attendance at motion for entry of default judgment, preparation and entry of judgment, preparation of sale notice, preparation of sheriff’s deed, bid sheet, affidavits of posting and publication, non-military affidavit, confirmation of sale, and monitoring of redemption period. If the matter becomes contested, it converts to an hourly fee with the effort expended to get to service of process billed at $750.00.

Deed in lieu of foreclosure........................................................................................ $650.00

Fee includes ordering and review of title commitment to determine if deed is appropriate, preparation of warranty deed in lieu of foreclosure, Estoppel Affidavit, Assignment of Title Insurance, Assignment of Escrow Funds, Assignment of Hazard Insurance, preparation of letter to debtors, recording of warranty deed.

Discharge of Lien (not prepared/recorded by this office)................................... $125.00

Fee includes review of copy of lien provided by association/title company and confirmation of zero account balance; drafting of discharge of lien, letter to register of deeds; confirming recording of discharge.

Eviction (after foreclosure)........................................................................................ $350.00

Fee includes preparation and service of notice to quit, drafting and filing of summons and complaint, appearance at initial hearing, preparation and entry of judgment. Fee billed after initial appearance.

Adjourned hearings, each............................................................................. $175.00

Preparation of Reinstatement Quote (after mortgage foreclosure)..................... $85.00

Fee includes review of provided sheriff’s deed to determine mortgagee liability; review of unit ledger card/association records regarding balance; drafting of reinstatement quote and e-mailing or faxing to requesting party; forwarding payment to client upon receipt. Only one charge, regardless of the number of requested updates.

Uncontested Community Association Document Enforcement Action......... $3,275.00

Fee includes preparation, filing, and service of complaint for injunctive relief, drafting of motion for summary disposition, attendance at initial hearing, drafting and entry of judgment granting injunction. If the matter becomes contested, it converts to an hourly fee with the effort expended to get to service of process billed at $1,500.00.

Monitoring of Mortgage Company Foreclosure on Condominium Unit......... $125.00

Fee includes review of notice of foreclosure of mortgage; monitoring of sale date (including all adjournments thereof); confirmation of sale; drafting of letter to client regarding sale and effect thereof.

Monitoring Redemption period after mortgagee foreclosure.............................. $75.00

Monitor projected last redemption date; confirm redemption or non-redemption with register of deeds and/or mortgagee’s attorneys; draft letter to client regarding results of same.

Opinion Letters........................................................................................................... $225.00

Fee includes researching association documents and/or Michigan Condominium Act, drafting letter to board regarding issues of interpretation of association documents and/or application of Michigan Law to the association documents, answering telephone calls regarding the contents of the letter.

Notice to Co-owner of Default Under Condominium Documents.................... $150.00

Fee includes correspondence with association regarding default; review of association records regarding co-owner default; review of condominium documents regarding default at issue and remedies of association; drafting letter to co-owner regarding default; telephone calls with co-owner regarding same.

Notice to Tenant to Pay Rent to Association.......................................................... $150.00

Fee includes review of co-owner’s ledger card, review of lease (if applicable), drafting of notice to tenant to pay rent to association; telephone calls with tenant, co-owner.

Notice to Quit to Tenant for Failure to Pay Rent to Association......................... $125.00

Fee includes drafting and service of notice to quit for nonpayment of rent in accordance with MCLA§559.212; letter to co-owner regarding same. Fee if eviction is necessary is same as above for Eviction (after foreclosure).

Monitoring of Co-owner’s Chapter 7 Bankruptcy Case...................................... $125.00

Fee includes preparation and filing of Notice of Appearance, Request for Notice, and Proof of Service; review of debtor’s schedules and statement of intent; letter to client advising of filing and consequences to association; confirmation of discharge or dismissal of case; advising client of results of discharge.

Proof of Claim............................................................................................................. $225.00

Fee includes preparation of Notice of Appearance and Request to be added to Matrix, preparation and service of proof of claim, review of Chapter 13 plan to ensure proper treatment of claim, monitoring to ensure confirmation of plan.

Motion for relief from the automatic stay.............................................................. $750.00

Fee includes review of documents, client’s payment history, and trustee’s payment history; drafting and filing of motion for relief, brief, notice of hearing, notice of opportunity, and proof of service; attendance at initial hearing on motion; preparation, entry, and service of Order lifting (and/or modifying) stay. If the matter is resolved prior to the initial hearing, the fee is billed at $450.00.

Adjourned hearings, each......................................................................................... $250.00

Objection to confirmation of Chapter 13 plan*...................................................... $375.00

Fee includes preparation and filing of Objection to confirmation of plan, review of any amended plans filed, appearance at confirmation hearing, drafting or review of Orders as a result of hearings. *Fee assumes that proof of claim was also prepared by the attorney; otherwise, fee is $575.00.

Adjourned hearings, each......................................................................................... $150.00

Notice of Increase in Condominium Assessment (Pending Ch. 13 Case)......... $125.00

Fee includes review of association’s fee increase, drafting of notice in accordance with local court rules and filing with court, service on debtor, debtor’s attorney and Chapter 13 Trustee.

For matters not listed above, the hourly rate is $240 per hour, with time billed in tenths of an hour.

Fees effective as of 1/1/2010 and until further notice.

•Fees do not include out-of-pocket costs •