Possible forclosure. Need advice

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Although we are making regular payments, we carry a past due balance for our Home Owner’s Assn fees that accrued over the time when my husband was a full-time student and I only had self-employment income.

Last week we got a letter from an attorney stating that they will forclose if we don’t pay the balance in full withing 20 days from the date of the letter. I know under the laws of my state, they actually can do it IF all collection efforts have failed.

One of the problems is that I already had set up a payment plan with the previous board of directors that this new board doesn’t want to honor because it was not in writing and because supposedly I haven’t made payments in the last 20 months.

I sent them proof that I have made payments being the last one last Oct.2008. I have tried to negotiate but it seems that they don’t want to. I have asked them to set me up in a payment plan, or at least to give me an extension on the deadline.

The letter I mentioned above is the very fist collection letter I get from them.

Are they breaking the law by sending me such a “final” letter without prior collection efforts. After all, they are supposed to try all collection strategies before forclosing and they refuse to accept my payment arrangement.

If they were breaking the law, should I let them know that. Would that possibly help me negotiate with them.

I don’t want to loose my condo for $3,000 that I supposedly owe because according to my records I owe much less that that. They said they would auction it for a minimum bid of $3,000.

I live here with my husband and three children. The youngest one is three and we have no place to go.

Are there any lawyers out there?

Please advice.
 
I am not a lawyer!!! I would suggest that you carefully read your homeowner’s association bylaws, rules, et cetera and see what that document says because that’s going to be the governing documents. I would also consult with a lawyer – maybe you have one at church that would do you a favor and just look at the documents and tell you what your rights are.

As far as honoring a payment plan, I would think that if it is not in writing, the new board is not under any obligation to honor it. That is strictly a layman’s opinion – again, I’m not a lawyer. For future, please always put something in writing even if it’s an e-mail saying, “just to follow up on our phone conversation, here is my understanding of an agreement.” That way you have some record of what was discussed. That’s a habit that I have in almost any dealing – business or personal. It keeps things from being misunderstood.

I’m sure you will get some great advice/(name removed by moderator)ut here.
 
I’m not a lawyer, but I was on a HOA Board at one point. We had to send three letters before we could even institute a fine.

You need to talk with a lawyer in your area to be able to make sure all the applicable rules apply. You may want to call one of the local news stations for assistance also. HOA’s exist to keep up property values. Negative publicity is not good for property values.

I will echo the pp and say to make sure that you have any agreement in writing.
 
Without being a lawyer and offering NO legal advice, if all you owe is $3,000- I know, right now $3,000 looks like a big bundle- I would:

1.) From now on, mail ANYTHING to the condo board or the lawyer Certified Mail, Return Receipt Requested. You will get back the green postcard, so in addition to the canceled check, you have proof the board actually got it.
2.) If you have not sent the lawyer your a copy of your proof yet, do so- by Certified Mail, Return Receipt Requested.
3.) I know it is November. I know there are three little kids. I know every dollar you have is stretched to the max. Is there ANYTHING you can do to raise the money? It can be as crazy or as easy as your imagination lets it be. Hold a garage/ yard sale. Take anything not necessary to the pawn shop. Get a second job for a couple weeks. Let your husband get a second job for a few weeks. Patriciapte in a craft fair as a seller. The thing is, the condo board is robbing you of your peace of mind. You need to get rid of this debt ASAP so you no longer worry. If you focus on ANY little driblle of money going into this, you wil not have to worry about it any more.
 
Get a lawyer.

And, call a local tv station that has one of those “defender” investigative reporters or omnibudsman. They will often be able to put pressure on people just by the bad publicity of doing a story on their underhanded tactics.
 
1ke said:
Get a lawyer.

And, call a local tv station that has one of those “defender” investigative reporters or omnibudsman. They will often be able to put pressure on people just by the bad publicity of doing a story on their underhanded tactics.
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Before I would kill them with bad publicity and “get your way,” make sure that what they’re doing is wrong. If you tick them off and they’re in the right, they’re not going to be willing to work with you and you’ll be out of your home.
 
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