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Posted: Sun Jan 07, 2007 9:23 am Subject: Foreclosure Notice from Allied Trustee

HELP!!!!I was behind on my HOA dues. I made a payment arangement w/ my HOA manager that I will make 2 payments inorder for me to get current. They got my first $seventy five ok but they got my 2nd one 8 days late from our agreement.

My HOA send my account to collection and charged me to pay $six hundred. I disputed the amount w/ Allied and told them that I will write a letter to my HOA board and ask them to drop the case.

HOA cashed both of my checks and they still want me to pay $600. HOA manager said they will talked about this but technically once they sent me to collection, it's all up to Collection Agency. I explained to her that It took me forever to pay the last $seventy five because I am having finacial crisis, now they want me to pay an additional $six hund.

It's ok if I really did not send anything. I was 8 days late and they cashed the check.

Allied Trustee keeps calling me at work. I told them that I am still disputing it and HOA manager promised me that she will talk to HOA Board about it.

I keep calling my HOA, no reponse. Allied Trustee keeps on leaving me treaths that they will foreclose my house and they raise the charge from $six hun to $eighteen hun.

I kept calling HOA, sent them numerous emails but keep telling me that board will meet on Jan 2nd. I called Allied and told them to hold on because I am waiting for Boards decision. They were rude.

Yesterday, I got a Forclosure notice and a 90 day to respond and pay $thirteen hun or they will take my house away. They advise me to get a lawyer .

What should I do. Please, please I need your advise.

Posted: Sun Jan 07, 2007 9:26 am Subject:

Is this an FHA loan? There are programs to assist people to stop foreclosure.

Posted: Sun Jan 07, 2007 9:35 am Subject:

Go to this link, hopefully it will provide you with some useful assistance and answers:

http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm

JMM · Posted: Sun Jan 07, 2007 9:35 am Subject:

Are you talking about association dues? I remember one of the regular posters was behind on her association dues and was able to work it out. I don't remember who it was or how she managed to get it straightened out. Anyone remember?

Posted: Sun Jan 07, 2007 9:37 am Subject:

Steelers is absolutely right, and I have to agree with her advice - this sounds like it must be an FHA or HUD situation - you definitely need to contact someone in those offices using the link Steelers provided to obtain some assistance. Don't let this be the thing that causes the loss of your home. Take action on this immediately.

JMM · Posted: Sun Jan 07, 2007 9:57 am Subject:

I am pretty sure you are talking about homeowner association dues. Do you live in a townhome or condo? I know you can be foreclosed if you are behind on your dues. I know it took a long time for someone to be forclosed for dues in the townhome community I live in, but it did happen, at least once, since I have lived there. There must be some sort of state laws regarding this so you can make sure they are following the rules. What state are you in? You have 90 days to come up with the money? Are you behind on your mortgage payments too?

Posted: Sun Jan 07, 2007 10:00 am Subject:

That was me, I was about 9 months behind with my dues and they put a lien on my house and served me papers to answer for my lateness in court. I am not sure this is the same thing though becaus no matter how far I get behind on my association dues they can't foreclose on my house. Well I guess if I was 2 years behind or something they could try and take the house but I would have to be dead or in jail for something like that to happen. Anyhow I got it all cleared up, line was lifted and now I am only 1 month behind lol

Posted: Sun Jan 07, 2007 10:15 am Subject:

Sorry if I misunderstood the post - I was thinking it was something to do with FHA or HUD, but now that I look at it again, I think JMM may be right - HOA sounds like "home owner association" - I've never heard of FHA or HUD charging 'dues'.

Posted: Sun Jan 07, 2007 10:17 am Subject:

Nobody knows exactly what is going on, it could be both.

Posted: Sun Jan 07, 2007 2:59 pm Subject:

I'm so sorry for the confusion. It is Home owner's Association. I was behind six months but I was able to make payment arrangement. The first payment was ok and my second payment was eight days late. They cashed my check and then sent me to collection.

I don't mind paying if I really owe it. But they are charging me ridiculous fees. For being late, they are asking me to pay thirteen hun. They are asking me to settle this amount within 90 days.

Posted: Sun Jan 07, 2007 3:15 pm Subject:

Sorry the final charge was for $1300 & not $1800 and I have 90 days to pay the full amount or I will lose my house.

Posted: Sun Jan 07, 2007 3:34 pm Subject:

Is there a way for me to dispute this more other than my HomeOwners Association Board. This people are heartless. My HOA knows that I'm having financial crisis but they still sent me to collection. Last week I sent them payments for 2 quarters because I don't want to go through all this again.

They want me to get a lawyer if I want to dispute the amount. I don't know how much more do I need to tell them that I am BROKE. I can't even pay my dues on time and they want me to get a lawyer.

JMM · Posted: Sun Jan 07, 2007 5:10 pm Subject:

Is there anyway you can get legal aid? I found some information on these kinds of forclosures but not much. I know some new laws were passed in CA regarding these foreclosures, but I don't know what state you are in. Read over the copy of the association's charter that you got when you bought the house and see if they are following the procedures they list for non-payment of dues.

Posted: Sun Jan 07, 2007 6:08 pm Subject:

You are going to need a lawyer. If legal-aid canj not help then start calling around for lawyers who do probono for this type of thing.

Posted: Sun Jan 07, 2007 9:58 pm Subject:

Wait, how is the foreclosure related to your HOA dues? That makes no sense.

You must also be behind on your mortgage payments, because the HOA cannot foreclose on your house, and neither can the debt collector in your case.

W/r/t to the HOA dues, you can tell Allied to screw off, and demand that the HOA recall the debt. They are fudging at best when they say they can't recall the debt from Allied. If they sold the debt to Allied, then they have sold a debt you don't owe, since you paid it. Time to find yourself an attorney, who will have a good time watching the HOA and Allied try to explain themselves in court. Get thee to Naca.net!