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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.




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.

Sub: #11 posted on Sun, 01/07/2007 - 14:34

chicagobabe0725 chicagobabe0725

(Posts: 96 | Credits: )

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.

Sub: #12 posted on Sun, 01/07/2007 - 16:10

Unregistered


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.

Sub: #13 posted on Sun, 01/07/2007 - 17:08

FYI FYI
Moderators
(Posts: 1950 | Credits: )

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!

Sub: #14 posted on Sun, 01/07/2007 - 20:58

Sam Glover Sam Glover

(Posts: 161 | Credits: )

Sam..

In regards to a prior post.I went to the NACA website and found two fine attorneys. Thanks!

Sub: #15 posted on Sun, 01/07/2007 - 21:02

Roadwarrior Roadwarrior

(Posts: 639 | Credits: )

Glad to hear it! I know I trumpet that site like a broken record, but there really is no substitute for an attorney in many of the situations we see here.

Sub: #16 posted on Mon, 01/08/2007 - 07:56

Sam Glover Sam Glover

(Posts: 161 | Credits: )

Hi Sam,

I am also behind on my mortgage but not enough to foreclose my house. I spoke to my Escrow officer (who helped me when I purchase my house before)He said that my note stated that HOA and the office for Real Property Tax can foreclose my house if I'm deliquent in paying my dues. But I am not deliquent with them cause I paid it and they accepted my payment.

This is a part of what they sent me.

NOTICE OF DEFAULT AND ELECTION TO SELL UNDER NOTICE OF DELIQUENT ASSESSMENT

IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account. No sale date may be reinstated until 90 days from the date this notice of default may recorded or mailed.

It was recorded on 12/27/06.

They also stated that I should hire a lawyer if I have a question.

Sub: #17 posted on Mon, 01/08/2007 - 08:34

chicagobabe0725 chicagobabe0725

(Posts: 96 | Credits: )

You should hire a lawyer. As I said before, GET THEE TO NACA.NET! This is a case a consumer lawyer may be able to take on contingency, depending on whether there is the prospect of attorney fees in your state. Regardless, real estate matters like this are too complicated for most consumers to handle on their own. (Heck, I am an attorney and I stay away from them.)

Don't waste any time. If the foreclosure goes through, you will have less chance of getting back into your house. Take care of this NOW!

Sub: #18 posted on Mon, 01/08/2007 - 09:09

Sam Glover Sam Glover

(Posts: 161 | Credits: )

If you can't find an affordable attorney . Does your city or county have a Legal Aid Society? They can help with housing issues and it is based on your income. It doesn't hurt to look into that as well. If you go to NACA.NET like Sam suggested they would more than likely be able to tell you about any Legal Aid Society near you. Good Luck.

Sub: #19 posted on Mon, 01/08/2007 - 09:13

WHEREAMI? WHEREAMI?

(Posts: 5264 | Credits: )

Thank you guys for all your help. I am from Las Vegas. My Boss advised me to contact TV station if I can't get a lawyer. but I will check NACA.net as well.

Sub: #20 posted on Tue, 01/09/2007 - 18:17

chicagobabe0725 chicagobabe0725

(Posts: 96 | Credits: )

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