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Old 03-16-2002, 12:59 AM
honestme
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Property Forclosure from small Debt ?


I live in CA and own a condo. I pay a grounds/building maintaince fee each month.

The people, hired by an owners' BOD, after 2 yrs. said they found an 'old' debt. I owed.
I immediately asked how much and what month it was incured.

The end result is that: I have asked, written, to all parties, incl. their lawyer ... & have never been able to get the information on how much was due and when (itemized) - "separate" - from any late fees, which have now quadrupled the debt.

The Fair Credit Reporting Act required them to clarify their charges. They put a lein on my condo - last year, without my knowledge and now I just received forclosure papers.

They now want huge, inflated amounts. I have continously requested an itemized billing, but can't get one.
I also have never been served documents or even signed for any mail.

HOW can I MAKE them comply with the Fair Credit Act ?

How do I temporarily HALT this unfair forclosure?
I must move quickly!

Thank you in advance.

  #2  
Old 03-16-2002, 02:11 AM
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Re: Property Forclosure from small Debt ?


Quote:
Originally posted by honestme
I live in CA and own a condo. I pay a grounds/building maintaince fee each month.

The people, hired by an owners' BOD, after 2 yrs. said they found an 'old' debt. I owed.
I immediately asked how much and what month it was incured.

**A: if it was a small amount as you state, you should have just paid it, then argued later for remibursement if the HOA was incorrect in theor accounting.
**********



The end result is that: I have asked, written, to all parties, incl. their lawyer ... & have never been able to get the information on how much was due and when (itemized) - "separate" - from any late fees, which have now quadrupled the debt.

The Fair Credit Reporting Act required them to clarify their charges. They put a lein on my condo - last year, without my knowledge and now I just received forclosure papers.

**A: forget about the fair credit reporting act for the time being and concentrate on the foreclosure action. The CA law allows the HOA to file a lien against a condo unit for unpaid fees.
**********
They now want huge, inflated amounts. I have continously requested an itemized billing, but can't get one.
I also have never been served documents or even signed for any mail.

**A: you just recieved foreclosure papers so forget the issue of younot been served documents or signing for any mail.

***********
HOW can I MAKE them comply with the Fair Credit Act ?

How do I temporarily HALT this unfair forclosure?
I must move quickly!

Thank you in advance.

**A: you are focusing on the wrong minor things that have no affect on your case.
You must respond to the foreclosure complaint within the prescribed period pursuant to the law. You cannot halt the foreclosure unless you file BK or the Plaintiff agrees to toll.
THe HOA must prove that you owe the monwy in order to prevail. Spend you time locating all your receipts and cancelled checks as proof of payments rather than wasting your time building a feeble defense using the fair credit reporting act.
The HOA has more power than you realize.
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