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Home Owner's Association Help - Crosspost in Debt Collections

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nwolff

Junior Member
What is the name of your state (only U.S. law)? Illinois

My home has been in preforeclosure since November 2009 and the bank has yet to foreclose and has shown no intention to do so in the near future. I have since gone bankrupt and included homeowners assessments in the discharge on October 2010, but I was notified in April by the HOA's attorney that homeowners assessments are still being incurred and I am responsible for them.

My question has to do with attorney's fees. The attorney letter indicated a balance that included a balance of pre-discharge debts, plus nearly $1,000 of attorney's fees that were added after the discharge (a large portion of which was incurred a couple of days after filing).

When I received this letter, I responded with correspondence in April asking for clarification of the amount they were seeking as I don't believe they are entitled to pre-discharge amounts and I disputed the attorney's fees as they appeared to me to be very excessive. I told them that I would resume association payments once I received this clarification. A clarification letter was not sent. As far as the outstanding balance goes, I offered them options for an immediate lump sum payment in exchange for removing late fees or a series of payments to resolve the outstanding balance.

Today, (2 1/2 months following the initial letter) I received what appeared to be a form letter correspondence stating that payment plans are not an option and that full payment of the full balance was required to avoid continued legal action. The biggest questions that I had (pre-discharge balances and legal fees) were not addressed.

I haven't lived in the house for nearly 2 years and have relocated to another state 6 months ago and really just want this to be done. However, how can I negotiate with these guys if they won't respond to my inquiries. Can they continue to cause me to incur additional legal fees and pursue legal action when they haven't responded to my clarification request?

Please advise.

BTW. I currently live in Nebraska
 



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