EquityExperts.org Contract


 

 

EQUITYEXPERTS.ORG LLC COLLECTION AGREEMENT

 

This Agreement is made effective  , by and between EQUITYEXPERTS.ORG, LLC, [hereafter “Collection Agent”] located at 6632 Telegraph Rd #339, Bloomfield Hills, MI 48301 and  [hereafter “Association”].

Association is owed assessments, together with interest, late fees, fines, and other costs, which are secured by their interest in the Unit. Association and Collection Agent agree that Collection Agent will take action on all amounts due and all amounts that become due on any account until the full balance is paid, pursuant to the following terms and conditions:

1.      ACCURACY: Association represents that it has maintained true and accurate records, ledgers and notes concerning each account. Within 30 days of signing this agreement, Association must provide collection agent a list of all unit addresses within the community, and provide access to this information periodically, as requested by Collection Agent. Association shall promptly reply to requests for verification, validation or clarification of such records and/or for additional documentation or supporting information. If for any file, Association is unable to validate any charge after request from Collection Agent for validation, Collection Agent will have the authority to settle the account without payment of any un-validated amounts, or return the file to Association as uncollectable, at which point, the Termination and Damages provisions will apply. In addition, both parties will provide monthly reports and updates to the other, including regular account status reports from Collection Agent to Association and their Managing agent.

  1. AUTHORITY: Under the terms and conditions of this agreement and in accordance with the Association governing documents, Association must refer any delinquent account to Collection Agent unless otherwise agreed by the parties. Association authorizes Collection Agent to undertake any lawful means to collect on accounts (account”). By referring an account, Association authorizes Collection Agent to initiate legal action on Association’s behalf, including, but not limited necessarily to; liens, lawsuits, foreclosures, and judgment enforcement actions. Under this agreement, the term “account” is defined as a unit address. If the property owner changes on any account, for any reason, Equity Experts shall have continuing authority to collect on such account. If state law or the community governing documents require direct board approval for specific actions, Association agrees to seek any required approval at the time they refer the account for collection, and provide Collection Agent with approval promptly. If Association does not want Collection Agent to take any action on an account, Association must contact Collection Agent in writing. Any request to delay or defer collection or legal action may result in Association immediately paying deferred fees and costs incurred by Collection Agent. In accordance with applicable law, Association will add the fees and costs charged to Association as outlined in the fee structure addendum (See Schedule A and Schedule B, below), to the debtor’s If Association does not adjust the individual unit owner ledgers to include Collection Agent fees and costs, they agree that only Collection Agent will issue ledgers or account statements while the account is in collections.
  2. PAYMENTS: Collection Agent has the exclusive right to collect and receive payments on accounts referred to Collection Agent, including payment of its fees, unless contradicted by state law, in which case payments will be applied in accordance with state law. Association will promptly forward any payments received to Collection Agent. Association will not engage in any collection activities on these accounts, will not retain any attorney or authorize any other person to collect these accounts, and will not make any agreement for the settlement of these accounts without Collection Agent’s prior consent. A violation of this paragraph constitutes Association’s election to terminate the account pursuant to the Termination and Damages Provision of this agreement. Collection Agent has the authority to retain payments received after a termination of the contract as a whole, or a single file, to be applied towards any invoices that is outstanding more than thirty (30) days. Once all outstanding invoices have been paid in full, payments will be forwarded back to Association. Partial payments on any account will be apportioned between Association and Collection Agent, Management Agent, and Attorneys, first to any direct costs paid by Collection Agent, and then by pro rata percentage between the parties listed above, or in accordance with applicable law. Unless otherwise directed by Association, Collection Agent has the authority to approve payment arrangements up to 12 months on pre-judgement accounts, and the discretion to approve payment arrangements that they determine are appropriate on post-judgment accounts.
  3. COMMUNICATIONS: Association agrees that Collection Agent has the authority to communicate with their management agent, if any, regarding handling of accounts turned over to Collection Agent. The Management Agent, if any, must provide Collection Agent with a direct point of contact with an active member of the board to communicate on matters relating to Collection Agent’s power of attorney, this agreement, and any matters requiring board
  4. LIMITED POWER OF ATTORNEY TO COORDINATE LEGAL REPRESENTATION: Association authorizes Collection Agent to coordinate the use of legal counsel to act on Association’s behalf when, necessary, to draft and file liens, lawsuits, foreclosures, or other post-judgement activity. Association also authorizes Collection Agent to act as Association’s authorized representative in communications and dealings with such attorneys, in accordance with state
  5. LIMITED POWER OF ATTORNEY TO CONTRACT WITH PROPERTY PRESERVATION AGENTS: Association authorizes Collection Agent to sub-contract with property preservation agents on Association’s behalf, for inspecting any delinquent property that has been foreclosed or abandoned. Equity Experts will report the findings of the property preservation agent to Association to make determinations based on the properties conformance to the Association governing documents. All fees and costs for the property preservation actions will be incurred by Association at the time the services are performed and added to the delinquent unit owner’s account. The current fee schedule for these services will be provided upon request and are available in the client access on our
  6. LIMITED POWER OF ATTORNEY TO CONTRACT WITH RESALE PROCESSING AGENTS: Association authorizes Collection Agent to sub-contract with resale processing agents on the Association’s behalf, to prepare and provide resale documentation for accounts turned over to Equity Experts. All fees and costs for the resale processing agents will be incurred by Association at the time the services are performed and added to the delinquent unit owner’s The current fee schedule for these services will be provided upon request and are available in the client access on our website.
  7. MORTGAGE FORECLOSURE ACCOUNTS: If foreclosure sale occurs (hereafter “a Mortgage Foreclosure Account”), and the purchaser at the foreclosure sale is not an owner-occupied purchaser, the Mortgage Foreclosure Account will remain with Collection Collection Agent will have continuing authorization to commence or continue collections against the new unit owner, until the account is paid in full. Association shall not provide any ledger or statement of account, without verifying and including the amounts owed to Collection Agent at that time. If such statement is provided without including these amounts, the file will be subject to the Termination and Damages provision.
  8. UNSECURED ACCOUNTS: Collection Agent, may collect on former unit owners that have lost their homes to foreclosure for the amount they owed Association at the time they lost the property. In addition to any services and fees listed in the attached Schedules, Association will select one of the following options below before Equity Experts coordinates the legal process for these accounts. These options will be presented to Association upon discovery that a foreclosure has occurred. If Association does not make an election within 7 days of notice by Collection Agent, the default election for the Association will be Option (2).

Option (1) – US30 – Equity Experts will be compensated for their services by retaining 30% of the association assessment balance, in addition to any collection fees and costs. Association will be responsible for paying the direct costs of lawsuit, including filing and service fees.

Option (2) – US50 - Equity Experts will be compensated for their services by retaining 50% of the assessment balance, in addition to any collection fees and costs. Equity Experts will be responsible for paying direct costs of the lawsuit, including filing and service fees.

Option (3) – Termination – Association would like Equity Experts to return the unsecured file and will remit payment of the outstanding invoices within thirty (30) days.

  1. FEES APPROVED: By signing this agreement, Association acknowledges that it has reviewed all schedules for the services described in this agreement and affirms that the activities listed in those schedules, and the fees and costs incurred by to Association for those activities, including interest up to the statutory rate on all unpaid fees and costs, are costs of collection owed by Association, explicitly authorized by the Association’s board of directors and the Association’s governing documents. Association also explicitly approves all fees and costs charged to Association by other agents contracted by Collection Agent on Association’s behalf, as listed in this Association affirms that it is authorized to add all fees and costs described above direct to each delinquent unit owner’s account. Association indemnifies Collection Agent for all costs, including attorney fees, arising from any claim that Collection Agent’s activities and/or the fees and costs charged to the association for those activities were not authorized by the board or governing documents, or were not conducted in accordance with the governing documents. The Association agrees that all legal fees, costs and expenses incurred by Collection Agent and/or the Association, in defense of such claim, constitute costs of collection and shall be charged to the Unit Owner and/or the Unit Owner’s property to the full extent authorized by the Association’s governing documents and that the Collection Agent may collect such amounts directly from the Unit Owner.
  2. INDEMNIFICATION: Association will hold Collection Agent harmless against any obligations, damages and settlement costs arising out of any complaints or claims made by a Unit Owner, mortgagee, city, state, or federal regulatory body or agency that are based, in whole or in part, upon any actions, inaction, errors, omissions or unlawful acts taken by Association or their designated management agents, including any violation of this Collection Agent will hold Association harmless and indemnify Association for any damages that are incurred by Association that arise from a Court’s determination that Collection Agent’s collection activities were unlawful. If legal action is taken against both Collection Agent and the Association or its management agents, Collection Agent is authorized to, but is not required to, select and retain legal counsel of their choosing to represent all parties, unless Association or its Management Agent notify Collection Agent in writing of their intention to select separate counsel.
  3. UPDATES: Collection Agent may, at any time, update the terms and conditions of this agreement, including, but not limited to, the fees and costs it charges, Collection Agent will notify Association of any changes to this agreement. Such notification may be any notification that provides the reasonable expectation that Association, or its Management Agent, has received such notice, including but not limited to, by email, or posting the information to our website. Any changes will become effective within (30) days of the notification. If Association does not agree with any of the changes and notifies Collection Agent within (30) days, the Agreement will be terminated and the Termination and Damages provisions will

Confidentiality: Both parties agree to treat all information provided by each other as strictly confidential and  shall not disclose proprietary information to any third party.

Succession: This Agreement is binding on and inures to the benefit of the parties and their respective successors and assigns.

Integration: This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written representation(s) and agreement(s), if any.

Termination & Damages: (1) Either party may elect to cease all further collection activities  on  any  collection account and to return the account to Association or may  terminate  Collection  Agent’s representation of Association (a termination”) for any reason; (2) except as stated in  sections  one (1), three  (3), and eight, (8), above, a termination is permitted only upon 30 days prior written notice by either party to the other, which terminates and release the parties with no further obligation to each other with respect to the accounts returned, except Association’s obligation to pay all fees and costs owed to Collection Agent(3) If either party commences legal action against the other pursuant to this Agreement, the action will constitute a termination of the accounts involved in the legal action and each party shall be solely responsible for their own legal fees and court costs incurred in such an action, regardless of whether any party is considered to be a prevailing party. Neither Association nor Collection Agent will be entitled to an award of its attorney's fees and other costs against the other, notwithstanding any contrary agreement or authorization of law, which are waived.

Further, this Agreement may be terminated by the Association for cause, without penalty, upon sixty (60) days' written notice to Collection Agent (Notice of Termination) of a breach of this agreement by Collection Agent. and said breach continues, or is not cured within sixty (60) days after receipt of written notice from the Association, specifically stating the nature of the breach and the Association’s intent to terminate this Agreement. If the breach is cured by Collection Agent, the Agreement will remain in full force and effect. For the purposes, hereof, "breach" is defined as a failure to perform a material provision of this Agreement or a habitual failure to perform provisions of this Agreement, whether material or not. A “material provision of this Agreement” is defined as charging for a task listed in Schedule A that was not performed, or a failure to  respond to Association’s specific request for information within a reasonable time. For the purposes, hereof, a “habitual failure to perform” is defined as three or more documented incidences of a breach of this agreement within a 90-day period. A Collection Agent shall be deemed to have “cured” a breach of this Agreement when they do any of the following 1) acknowledge receipt of the Association’s notice of termination, 2) perform the task alleged to have not been performed, 3) provide Association with a written response to the Association’s request for information, 4) correct any inaccurate account information, and/or provide Association with a  written explanation why, in its opinion, the alleged breach, default, act or omission is not a breach of this agreement. Association shall give Collection Agent prior written notice of a habitual failure and Collection Agent has sixty (60) days to cure the habitual failure, prior to the Association terminating the Agreement for cause. For the purposes, hereof, “without penalty” is defined as the Association’s right to terminate the agreement without having any obligation to pay Collection Agent any fees and costs not already recovered by Collection Agent as of the date of the termination.

Severability: If any provision of this Agreement is deemed invalid or unenforceable, such provision shall not affect or make this agreement unenforceable and shall be interpreted as valid to the extent permitted by law.

Governing Law: This Agreement shall be construed in accordance with, and be governed by, the laws of the state in which Association is located.

 

IN WITNESS, WHEREOF the parties have executed this agreement.

EQUITYEXPERTS.ORG, LLC                               ASSOCIATION:  

Mnovak Sig    

By: Michael Novak,                                       By:  

President                                                         Board Member

 

AUTHORIZATION OF EQUITY EXPERTS COLLECTION FEES

SCHEDULE A

 

The Association hereby authorizes Equity Experts to charge the fee(s) listed in Schedule A and Schedule B, below, together with all costs advanced or incurred by Equity Experts to Association who may add these amounts to the account of the delinquent Unit and to the Unit Owner(s). Interest may accrue on all unpaid fees below, up to the maximum statutory rate.

STANDARD EQUITY EXPERTS COLLECTIONS FEES

Interest may be charged on any unpaid collection balance, up to the maximum rate authorized by law as a cost of collection. This is separate and distinct from any interest charged on Association assessments, pursuant to their governing documents, to the delinquent owner account, which Equity Experts may collect for Association, pursuant  to their authorization.

Set-up &Compliance Package

$270.00

Pre – Lien Notification

$ Included in Lien Package Below

Prepare Certificate of Lien, Draft to Unit Owner and Record the Lien.

$395.00 + actual costs

Prepare Release of Lien, Draft to Unit Owner and Record the Release of Lien.

$100.00 + actual costs

Property Analysis Review

$250.00

Chain of Title Verification

$50.00

Outreach

$350.00 -$650.00

Enforcement

$650-$1250.00

File Maintenance

Varies by installments: $0 - $100

Foreclosure Proceedings

Varies: $1,500.00-$4,500.00 (Est.)

Post Foreclosure Set-Up / Compliance

$500.00

Post Foreclosure Lien Preparation, Recording and Release

$500.00

Post Foreclosure Account Payoff Statement

$400.00

Post Foreclosure Monitoring and Outreach

$595.00 (monthly)

Bankruptcy: Chapter 13 Plan Review and Monitoring (fee charged 2x annually)

$150.00

Bankruptcy: Prepare & File Proofs of Claim

$150.00

Bankruptcy: Notice of Payment Change

$150.00

Bankruptcy: Response to Notice of Final Cure

$100.00 + attorney fees

 

FEES CHARGED BY EQUITY EXPERTS FOR DOCUMENT PREPARATION, OR OUR ATTORNEY PARTNERS FOR LEGAL ACTION, AS APPLICABLE

Lawsuit Document Preparation

$750.00

Attorney Fees

Varies

Notice of Intent to Evict/Recover Possession of Premises

$250.00

Judgment Enforcement

$500.00 + all direct costs

Eviction

$795.00

Tenant Rent Interference Letter

$195.00

Utility Suspension Letter(s)

$195.00

Utility Suspension Servicing

$350.00     + direct costs

 

SCHEDULE B

REDUCED COLLECTION FEES IF ENTIRE AGREEMENT IS TERMINATED WITHIN 90 DAYS OF FIRST FILE REFERRAL

Account Set -Up / Intent to Record Lien

$75.00

Preparation of Lien & Draft to Unit Owner

$100.00 plus costs

Escalated Debtor Outreach

$100.00 plus costs

Post Outreach Lien Enforcement

$100.00 plus costs

Mortgage Foreclosure Files

$ Full amount of costs

Foreclosure Proceedings/Other Post-Lien action

$500.00

 

Acknowledged:                                                               Association:  

 

By:  

 

DURABLE LIMITED SPECIAL POWER OF ATTORNEY

 

 

I ,  

 

In my capacity as the    of   (the “Association”),

 

Association hereby appoints EQUITYEXPERTS.ORG LLC , through its Officers and Managers, to be the duly authorized Collections Agent of the Association and to act as its Attorney in fact (herein titled "my attorney"), being the true and lawful agent and attorney of the Association in any action taken by them on behalf of the Association.

EQUITYEXPERTS.ORG, LLC is authorized to collect the Delinquent Association Assessments, interest, late fees, costs of collection, attorney’s fees and costs, and any other debts relating to any Delinquent Unit Owners Association Assessment files forwarded to Collection Agent and to take any lawful action, whatsoever, which the Association might take in regard thereto, including drafting and recording liens against property within the Association, contacting debtors having delinquent Association Assessments, filing claims with any Court, collecting such accounts, selecting and retaining legal representation for the Association in any action to collect a debt or to enforce any lien, and managing, directing and communicating with such legal representatives, alone or in cooperation with the Association.

This power of attorney shall be governed by the laws of the state where Association is located and shall be effective from and after the date of execution hereof.

Reproductions of this executed original (with reproduced signatures and the certificate of acknowledgment) shall be deemed to be original counterparts of this limited power of attorney.

I have signed this limited power of attorney on  

By:  

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Document name: EquityExperts.org Contract
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September 16, 2020 9:28 am ESTEquityExperts.org Contract Uploaded by Patrick Sullivan - [email protected] IP 50.105.97.44