At A.S.A.P. Collection Services we understand that first impressions are usually negative about collection companies. Homeowners perceive collectors as uncaring, mean and aggressive. Managers and Boards perceive them as unavailable, requiring time-consuming repetitive set up for every new case and needing constant follow up.
Not at A.S.A.P. We are prompt, personal, and professional to everyone. A.S.A.P. has helped hundreds of associations, large and small, professionally managed and self-managed, to create collections programs that are effective and work well for everyone.
We Understand It’s Not About Foreclosure…It’s About Payment In Full!
INTRODUCTION
With over 25 years experience in the Community Association industry, A.S.A.P.’s professionals understand that it is important to be firm in the collection process, but it is equally important to be fair and reasonable. Every homeowner is treated with respect.
Large balances or small, our Association clients notice a dramatic reduction in their delinquency reports within 45 days of our service.
No matter what your style of management is, it is important to have a collection program that is fair, consistent, and exercised against all non-paying members. Our collection system accommodates all styles.
Resolving an issue before it becomes a problem has been key to our successful collection practices. A.S.A.P.'s principal owner is a professionally trained mediator and has established the company's policies and procedures from mediation techniques learned through training and through real life experience as a community association manager. Our approach to all issues is, "How can we assist in bringing this matter to a close?”
Over the years CAI, ECHO, and the Community Association Reporter have published our articles. Our principal owner served on the HOA Advisory Panel for the San Jose Mercury News where she answered readers’ questions about homeowners associations. "Board Member's Guide For Management Interviews," is still one of ECHO's most popular publications and was co-authored by our principal owner, Beverlee Gordon. A.S.A.P. Collection Services was featured in the March/April 2006 issue of Collector’s Ink, Journal of the California Association of Collectors.
Our commitment is to provide assessment collection services that offer our association and management clients helpful guidance through the collection process, while providing timely, effective collection procedures that work.
CUSTOMER SERVICE IS KEY
Customer service is another key to a successful collection program! We are available to you and the homeowners and have made it part of our policy to return all calls received the same business day. We know if you are calling us you need something from us and if a homeowner is calling us we know we can resolve the case.
QUICK AND EASY SET UP
Once the Association is set up in our system you never have to fill out another form! Our "no forms required" style of business makes assigning a new case to us a breeze, just fax or mail us the account history - that's it! The next thing you know the case is closed and you are paid in full through the current month.
HOW WE GET PAID
We offer a "No Fees, No Costs Program," to the Association. The owner pays for everything, even on "critical collection accounts." Our contract defines a critical collection account as an account that is seriously delinquent or deemed uncollectible. On these cases, A.S.A.P. charges a percentage of the amount recovered plus all fees and costs incurred. A.S.A.P. only gets paid if money is recovered. If no money is recovered, there is no charge for the services rendered.
Click Here to download our 2008 Schedule Of Fees.
OUR STAFF:
Beverlee Gordon:
Beverlee Gordon is the owner of A.S.A.P. Collection Services and has over twenty-five years of experience in the Common Interest Development industry. Beverlee offers first hand knowledge of how to successfully collect delinquent assessments.
Her strong background in the CID industry and assessment collection business began as a collection assistant in a family owned property management company and continued as a community association manager/owner and then as a community association paralegal/collector.
Beverlee is a professionally trained mediator, is a certified AVATAR® Master, has held a California Real Estate License, has been a Notary Public, and was certified as a Community Association Manager (CCAM) through the California Association of Community Managers. She served on the Executive Council Of Homeowners (ECHO) Management Resource Panel for three years, is a frequent contributor of trade articles and has held many speaking assignments.
She co-authored the ECHO publication "Board Member's Guide For Management Interviews" and authored a private publication "A Quick Comparison Of Financial Management Providers." She also served as a member of the San Jose Mercury News Advisory Panel.
Cheryl Hall:
Cheryl Hall has been with the company since 1998. She has almost ten years of experience in the CID industry. She has been trained to be a mediator, is a certified AVATAR® Master, has many years experience in the Human Relations industry and is a Notary Public.
Cheryl is a case representative; she assists homeowners in resolving their delinquencies and oversees the administrative team.
Cheryl's attention to detail and friendly manner with the homeowners reflects the company's atmosphere and policy in which all cases are handled.
Lara Tanner:
Lara Tanner has been with the company since 2002. She has several years experience in the CID industry. Lara is the lead administrative assistant. Along with assisting homeowners she oversees the payment processing department and is a Notary Public.
NICE THINGS OUR CLIENTS ARE SAYING ABOUT US
Throughout the years we have received many notes and letters from previously delinquent owners, thanking us for assisting them in getting back on track with their Association. And we hear from Board Members and Managers how much time we save them every month and how confident they feel about the collection program we have developed with them.
Here are a few examples:
"We use A.S.A.P. because of your results, follow through and success at collections. We will continue to use A.S.A.P. because of your success at collections and your customer service has greatly reduced our complaints from homeowners."
Mark Goldberg, Community Manager for Blackhawk Homeowners Association
Pauline Nolte, Assistant Manager & Collections Supervisor for Blackhawk HOA
"We use A.S.A.P. because you're the best and you collect! A.S.A.P. is different from other companies because of your response, personal contact and turn-around time".
Caroline McCormick, Owner of Association Communications, Inc.
"We are using A.S.A.P. because although we have few delinquent owners, you and your staff pursue the delinquencies as though we have a large number of delinquent owners placed with you.
What makes A.S.A.P. different are a number of things. A. You return phone calls, B. You follow up on delinquent parties in a timely manner and C. You are firm but also courteous to them. We will continue to use A.S.A.P. because we can depend on you. A big plus is our attorney has said he feels your office is professional and follows the legal regulations."
Karen Walker, Owner of Bay Area Rental & Management Company
"We have had great success with your services. Your staff is exemplary and your personal mix with professionalism, in collecting from our owners, has been the best balance that I've seen. On behalf of the Board, I wish to thank you for all that you have done."
Gary E. Myhro, AMS, CCAM, former Association Manager of Hillcrest Vista HOA
"We are using A.S.A.P. because your bid solicitation was most professionally submitted. You had competitive rates and a track record of collecting. You company is extremely personable, yet professional. You show that you know the business well and you work with out owners. A.S.A.P. gets us the results."
Tyrone Chow, Board President, Rancho Santa Teresa Swim & Racquet
"We needed better collection efforts and results, A.S.A.P. has personalized, prompt service, now our collections have improved."
Paula Zagarls, Owner of Liberty Property Management
"This letter is to thank you for the excellent collection work you've provided all our clients over the past two years. Today I had the occasion to review the collection activity for one of our Associations and was very pleased to see the level of detail that you and your company has employed to protect our clients. Your reports give our board members exactly the information they need. Each of our clients has grown accustomed to your work and, though they haven't expressed it to you personally, they really appreciate it.
Our managers particularly like the reports you provide. We don't often have to talk to you about the routine collections giving us more time to dwell on the other demands of our day and that has great value to us. Your timeliness, professionalism and availability make working with A.S.A.P. a great experience.
Probably the best compliment we can make is that every manager in our office is very pleased with your work. There aren't many vendors that you can give a job and then assume the work is done. You are one of those vendors and it's a pleasure knowing that you are out there holding out for us and our clients. Our decision to give you authority to make payment arrangements with our clients has empowered you to get our client's money without a cumbersome decision tree. It also helps the owners to deal with only one person rather than multiple people. I believe this procedure has helped produce better results. Thank you for taking this responsibility seriously. You are our company's solo collection relationship for all the reasons stated above."
Steve Weibel, CCAM, Former Owner of Common Interest Management Services
"Thanks for understanding and being considerate during my situation! Everything is coming together."
Homeowner In Antioch, California
"Thank you for helping us through this tough time, we really appreciated that you gave us a different experience of a collection company, we really felt like you cared about us and our temporary set backs."
Homeowner In Concord, California
"Cheryl, Thank You so very much for understandlng! Hope to meet you in person someday. Thank you again."
Homeowner In Oakland, California
OUR SERVICES:
OVERVIEW
The ASAP collection program is in-line with Fair Debt Collection Practices Act and California Civil Codes. This includes all written correspondence and verbal communications to the homeowners.
Before anything is sent to the homeowners, we verify with the County that the ownership and address information provided matches the County's information. We are able to do this because we are on-line with several ownership data providers serving California. We also search for any pending bankruptcies that the owners may have filed without notification to the Association. These initial searches are important because properties transfer without proper notification to the Association and owners sometimes forget to include the Association in their bankruptcy.
When we set up a case, we enter the Association's entire account history as far back to a zero balance as possible. Then on a monthly basis, we update the account history by adding the next month's assessment, late fees and interest incurred and any other charges that may have been added by the Association.
Detailed Monthly Status Reports on every case is mailed (regular or e-mail) around the 6th of every month. Every case has a detailed status report that is provided to the Association or its managing agent. ALL collection activities are logged and reported on the status report such as, letters mailed or received, ALL phones calls, incoming and outgoing including the basics of what was discussed, establishing payment plans, faxes sent or received and payments received and disbursed. Basically, every time we touch a case we document it.
Our collection activities are timely, professional and effective. From the time our initial letter is sent to the owners to the time that we close the case, our collection activities are consistent with the timelines that we quote to the owners. If our letter says that we expect payment in full, or for the owners to call us and arrange a payment plan within 10 days, and they do not contact us, we proceed. We have a 5 - 7 day grace period to allow for weekends, holidays and the occasional delay by mail, but after that we continue to the next step of collection.
Homeowner, management and board inquiries are handled the same business day. This is one of our strong points in our collection practices, as you will see in the testimonials of our clients and homeowners. They appreciate that we are available and ready to handle their call when they call. All calls received are handled the same day if they are received during business hours. We encourage communications because we believe that informed owners and clients means better results for all.
Payment plans can be established & serviced by ASAP until paid in full, including current assessments. We understand that one of the main reasons homeowners do not pay their assessments is because they are experiencing temporary financial difficulties. We also understand that it is better to set up a payment plan with an owner than force an unnecessary foreclosure. So when an owner calls to establish a payment plan we work with them to set a plan they can afford and is in-line with our authority with the Association. We welcome personal checks, because we believe that it is an inconvenience to the owner to require paying by cashiers check or money order. However, if a check is returned for any reason we reserve the right to require certified funds.
Special reimbursement billing cases are welcome, e.g. invoices for damage to common area. If you have delinquent accounts that involve special reimbursement billings and you have followed the due process procedures required prior to adding the amount to the account, ASAP will accept these type of cases for collection. We have assisted many Associations in cleaning up their books by collecting these types of assessments. In fact one association we were assigned $8,500 worth of debt that was 10 years old and we were able to collect 97% of the money within 90 days.
Old or large balance delinquencies are our specialty! Cases are NOT returned to you unresolved. Old or large balance delinquencies are our expertise. We just closed our largest case ever assigned to ASAP by personally delivering a $31,000 check to the management company for a case that was assigned to us 90 days prior. Associations and management companies are encouraged to look at delinquency reports and turn over any accounts that are collecting dust. If they are collectible we will let you know and if they're not, we will let you know that too. You have absolutely nothing to lose and everything to gain. We love resolving these types of cases, so don't be embarrassed by the amount.
ACCOUNTS MAINTAINED AND SERVICED MONTHLY
We maintain the Association's account history in our system so that we can quote current figures to the owners without having to contact the Association's bookkeeper. We are able to do this because the Association's bookkeeper mails the delinquent owners' billing statements directly to ASAP instead of the homeowners. Upon receipt of the statements, ASAP reviews them for any additional charges or increases in the assessments and makes the necessary adjustments.
Servicing accounts every month means we are actively reviewing and touching the accounts every month and determining the next step of collection. You will know that we have serviced the account by reading the monthly status reports, which will tell you what we have done on the account. If any portion of an account is deemed uncollectible, we will provide the bookkeeper with written instructions as to the exact amount to write off and why. Then at a Board meeting, a Board Member signs the resolution at the bottom of the instruction sheet and the bookkeeper places it in the Association's year-end file for the Accountant to officially write-off at the end of the year. It's that simple.
PAYMENT PLANS
When we set up a payment plan we provide the owners with a Payment Plan Agreement that outlines all of the terms and conditions of the agreement. We also provide the owners with a Payment Plan Schedule that shows the current amount due and the estimated charges that will be added each month until the schedule reflects a zero balance. The schedule shows the owner the new monthly amount they have to pay to ASAP, and the additional collection charges and interest that will accrue on the account until paid in full. Some payment plans are set up for 6 months to a Year depending on the owners' ability to pay. However, in most cases the payment plans are 3 months or less.
When a payment plan is set up, the owner sends the new monthly amount due, which includes the current assessment and a portion of the delinquent balance. We basically just set up a new monthly payment amount for the owners to pay until the balance is brought current. This means that the Association receives a check from ASAP on a monthly basis and just applies it to the balance due. The bookkeepers love this service because they do not have to worry about whether or not an owner has paid, ASAP handles everything including late payments, missed payments, default notices and termination notices. If a payment plan is terminated, ASAP resumes the next step of collection.
BANKRUPTCY MONITORING
If a homeowner files bankruptcy, we will review the paperwork sent to the Association and handle the details from there. Bankruptcies need to be monitored on a regular basis. If an owner does not follow the plan, it can be dismissed which means the Association can proceed with their collection activity as well as all the other creditors i.e.; the first or second mortgage. Missing a notice of dismissal because someone does not know what it means or how to handle it can cost the Association valuable time to begin its collection efforts again or worse could cause the Association to miss an opportunity to collect on the debt. Timing is key when attempting collection at this stage of the process because the first mortgage or possibly second mortgage could be ahead in the foreclosure process. Why is this important? It's important because everyone has to follow the same foreclosure process and timelines, which basically means that if the Association has already recorded it's Notice of Default, but the first mortgage hasn't, then the Association can compete the sale first. So, it really is not a "done deal" when a homeowner files bankruptcy, there is no guaranteed outcome. That's why it is so important to have a company like ASAP handling the bankruptcy monitoring for you.
When a homeowner files bankruptcy the account needs to be split between the Pre and Post Petition debt. This is important because owners that file a bankruptcy chapter 13 - (the wager earner plan, which is basically a forced payment plan) need to receive a billing statement for the Post Petition assessments as soon as possible so they can begin paying those assessments directly to the Association and not create another delinquency. If a lien has been recorded against the property prior to the owner filing, the Association is a secured creditor and should be listed in the owners bankruptcy plan. The Pre Petition amount is then paid through the bankruptcy trustee in small monthly amounts over the course of the bankruptcy plan that can last up 5 years.
If the owner becomes delinquent in the Post Petition Assessments, the Association simply re-assigns the case to ASAP to handle the collection activities for the post debt. Since the owner is still protected by the automatic stay that is created by the bankruptcy, ASAP has to handle the collection activities differently. Usually a letter and follow up call to the Attorney clears up the matter, however sometimes retaining counsel to obtain a Relief from Stay from the bankruptcy court, which removes the bankruptcy protection, is the only option to encourage regular, timely payment of the assessments else the owner risks loosing the property through foreclosure.
If the owner files chapter 7, (the asset liquidation plan) and a lien has been recorded against the property prior to the owner filing bankruptcy, the Association is a secured creditor and should be listed in the owners bankruptcy. This bankruptcy plan takes about 90 days to complete and upon receipt of a notice of discharge the Association can resume collection activities where they left off in pursuit of foreclosing on the property. If Association is unsecured because there is no lien, the Association will have to write-off all of the pre petition debt and can only collect on the post petition debt if the owner occupies or rents out the property. It is important to also note that if the property is or has been foreclosed by another lender the Association will have no further claim because a chapter 7 discharge eliminates a debtor’s personal liability.
FORECLOSURE MONITORING
Foreclosures need to be monitored on a regular basis because if a homeowner brings the account current with the lender or enters into a monthly payment plan with the lender, the Association can proceed in their collection activity with confidence, knowing that the owner does not want to loose the property because they are working with the lender. So, monitoring assists in knowing what collection activity should be next. This is why it is so important to have a company like ASAP handling the foreclosure monitoring for you.
If the property is sold at a trustee's sale, ASAP prepares the Split Account Instructions for the bookkeeper informing them of whom the new owner is and the exact amount due from them. The Bookkeeper then sets up an account for the new owner and begins sending them billing statements. The instructions also tell the Bookkeeper if ASAP will be proceeding on the previous owners balance due or if the balance should be written off as a bad debt.
SMALL CLAIMS ACTIONS
If the association's owner of record no longer owns the property, then the previous owners' debt is considered a personal obligation and can be pursued in small claims court up to $5,000.
However, ASAP does not recommend pursing small claims actions that are less than $1,000. ASAP's fees and costs to pursue a small claims action are added on to the owners' debt and included in the lawsuit which is approximately $525. This includes recording one Abstract of Judgment in the County Recorder's office in the county where the owner currently owns, resides or later buys real property.
The Abstract of Judgment creates a lien against all of their real property in the county so when the owners' try to refinance or sell their property, the title will be clouded by the lien and the owners will be forced to pay the judgment in full, including interest.
Judgment holders are entitled to collect interest at the rate of 10% per year, which begins to accme on the date the judgment was entered. After the abstract is recorded with the county, all of ASAP's fees and costs are due and payable by the Association, upon receipt of an invoice from ASAP, unless a separate agreement is made with the Association to pay upon recovery.
Why a lien needs to be on the property.
When a lien is recorded against the property it encumbers the property, changes the owner’s debt to a secured debt and becomes part of the preliminary title report. So, basically, until a lien is recorded on the property the debt is considered unsecured and can easily be overlooked or wiped out. Therefore, having a lien is extremely important if the owner refinances, sells, files bankruptcy or looses the property through a trustee sale by a lender, here’s why.
REFINANCE
NO LIEN: If a lien is NOT recorded against the property the escrow company may or may not contact the Association to notify them of the refinance and to request pay off figures. Without the lien the Association can miss the opportunity to be paid in full. Escrow is not required by law to collect the debt for the Association.
YES LIEN: If a lien IS recorded against the property the escrow company MUST contact the Association for pay off figures and to clear the lien. This is a requirement of the lenders.
SALE "WITH EQUITY"
NO LIEN: If a lien is NOT recorded against the property the escrow company may not know how to contact the Association to notify them of them of the sale and to request pay off figures. Therefore, without the lien the Association can miss the opportunity to be easily paid through the escrow. If escrow closes without payment, the Association would have to pursue the collection of the debt through the escrow company, small claims court or through as a personal obligation. The debt does not become the buyer’s responsibility.
YES LIEN: If a lien IS recorded against the property the escrow company MUST contact the Association for pay off figures and to clear the title. This is a requirement of the lenders. AND if the escrow doesn’t clear the title there is title insurance that is purchased through the escrow that can pay the claim. However, most of the time the escrow company just takes responsibility for their error and writes a check to cover the debt.
SALE "WITHOUT EQUITY" aka SHORT SALE
In a short sale there is not enough equity to pay all of the lien holders, therefore the Realtor or the escrow officer will contact all of the lien holders to see if they will reduce their debt enough to allow the short sale to go through. If any of the lien holders refuse to reduce their debt and provide a release of lien the short sale will not go through and the property will most likely be foreclosed by the lender.
NO LIEN: If a lien is NOT recorded against the property the Association will not be part of the short sale negotiations and will most likely not receive any of the sellers previous debt through the escrow, they will only receive the current months assessment and possibly the next months and a transfer and document fee. Therefore, without the lien the Association can miss the opportunity to be easily paid through the escrow. If escrow closes without payment on the previous debt, the Association would have to pursue the collection of the debt as a personal obligation. The debt does not become the buyer’s responsibility.
YES LIEN: If a lien IS recorded against the property the escrow company MUST contact the Association for pay off figures and to clear the title. This is a requirement of the lenders. The lien puts the Association at the negotiation table with all of the other lien holders, but the Association does not want to play hard ball with this power. It is important to get as much as they can through the escrow and then have the balance of the sellers debt paid through a personal obligation in a written agreement in exchange for the release of lien. This creates a win win for the owner and the Association because the owner avoids the foreclosure, the Association is paid some of the debt through escrow and the owner agrees by written agreement to pay the ir balance over time on an affordable payment plan so that the Association does not have to chase after the owner for the debt or write off the debt. So short sales are not bad for the Association they just need to involve good negotiation skills.
DEED IN LIEU OF FORELCOSURE
A Deed In Lieu (DIL) of foreclosure is where the owner signs the property over to a lien holder to avoid foreclosure. In order for a deed in lieu to be valid, it has to be accepted by the lien holder. Deed in lieu is rare because the lien holder will only accept the DIL if the property is not over encumbered because once the lien holder accepts the DIL they are responsible to pay all of the encumbrances against the property.
TRUSTEE’S SALE BY LENDER - Sold to Third Party with Excess Funds
NO LIEN: If a lien is NOT recorded against the property the Association will NOT be notified of any excess funds from the public auction sale of the property to a third party, which means the Association will not receive a claim form to make a claim against the excess funds that will be disburse to the secured encumbrances against the property in the order of their recorded date.
YES LIEN: If the lien IS recorded against the property the Association will be eligible to place a claim against the excess funds and could receive payment towards some or all of the owners debt. Any balance could be pursued as a personal obligation of the owner’s through small claims court or as a personal obligation, unless, a chapter 7 bankruptcy is involved. The debt does not become the buyer’s responsibility
TRUSTEE’S SALE BY LENDER Reverts to Lender
If the property reverts to the lender the lender is only responsible for the assessments and special assessments from the date of the trustee sale forward until they resell the property. The lender is not responsible for the previous owner’s debt. The debt is not owed by the property it is owed by whoever owns the property from the date they purchase to the date the property is resold. The debt is a personal obligation with the benefit of lien and foreclosure for nonpayment and can and should follow the debtor unless it is discharged by bankruptcy.
NO LIEN: If a lien is NOT recorded against the property the Association should be contacted by escrow for the pay off figures from the date of the trustee sale forward. A demand for the full amount due on the property is almost always rejected.
YES LIEN: If a lien IS recorded against the property the lien is considered “extinguished” by the trustee sale however the Association will be contacted by escrow for the pay off figures from the date of the trustee sale forward and may be asked to prepare a release of lien so that escrow can easily clear the title.
BANKRUPTCY
Bankruptcies are more complicated to give easy straight answers on the debt because everything depends on the particular case but here is a basic overview.
NO LIEN: If a lien is NOT recorded against the property the Association’s debt will be listed as an unsecured creditor, which means the Association will not be paid anything through the bankruptcy UNLESS the plan calls for payment to the unsecured creditors which is pennies on the dollar and almost never happens.
YES LIEN: If a lien IS recorded against the property the Association’s debt will be listed as a secured creditor, which means the Association will be paid through the bankruptcy plan as long as the owner keeps the property.
OUR RECOMMENDATION
It is our recommendation that an Association turn over accounts that are delinquent 90 days to a specialized collection company to ensure that the proper collection activities are taken to secure the debt for the Association and its paying members. This includes the full administration of monthly payment plans secured by a recorded lien against the property. It is further our recommendation that if an Association is forced to have a special assessment that the Association should strongly consider securing their special assessments with a recorded lien as part of any payment plan requested by an owner that cannot pay the special assessment in full in one lump sum.
CONTACT INFORMATION:
A.S.A.P. Collection Services
331 Piercy Road
San Jose, CA 95138-1403
Phone: (408) 363-9600
Fax: (408) 225-8864
Toll Free: (877) 363-9600
E-Mail: contactus@asapcollect.com
OFFICE HOURS
Mon - Thurs 9:00 A.M. - 4:00 P.M.
PHONE HOURS
Mon - Thurs 9:00 A.M. - 4:00 P.M
Friday - 9:00 A.M. - 12:00 Noon