“Serving the Lowcountry Community Since 1967”

Novit & Scarminach, P.A.

52 New Orleans Road

Jade Building Suite 400

Hilton Head Island, SC 29928

Mailing Address:

Novit & Scarminach, P.A.

P.O. Drawer 14

Hilton Head Island, SC 29938

(843) 785-5850

(843) 785-2090 (FAX)

This website is intended for use in South Carolina, only; although our attorneys are also licensed in New York, Tennessee, California and Ohio. No portion of this material should be construed as legal, accounting or financial advice.  It is merely intended as general educational information and does not necessarily represent the planning that should be implemented in your particular situation.

Collections & Foreclosure Law

Novit & Scarminach has long serviced many of the legal needs of Home Owners’ Associations and Regimes in the lowcountry. In addition to developing, revising and ongoing maintenance associated with Master Deeds, Covenants, By-Laws and other governing documents, we also assist Associations and Regimes in their collection practices.  Daniel A. Saxon has handled collections for various Associations on the Island since 2011 and currently manages the collection and foreclosure division at Novit & Scarminach.

Since the housing market crash in 2008, an Association’s ability to timely collect assessments has been greatly impaired. There are many legal options available to Associations, including liens, foreclosure, taking a property subject to a mortgage, having a receiver appointed to rent the property, payment plans and more.  

Determining the most cost efficient and productive approach will vary from property to property. In many instances a first mortgage holder (Bank) has already initiated proceedings and it is important that the Association protect its rights and claims as part of those proceedings. Having a knowledgeable legal team to advise and navigate your Association during the process on is an important exercise of due diligence.  

Our attorneys will ensure that your Association’s collection process is efficient and in compliance with all requisite laws including, but not limited to, the Federal Fair Debt Collection Act.