HOA (late) Can an attorney enforce foreclosure

[camedij]

What is the name of your state (only U.S. law)? MD


I have purchased a property that I use as a rental property. I was late on the HOA fees, and an attorney contacted me. I have since brought the HOA fees up to date. The attorney placed a lien on the house for the attorney fees, and now submitted paperwork for foreclosure. Can an attorney do this? Is there still time for me to work out a payment plan for the attorney fees. I am current on the HOA fees but it looks like they want fees up front for the rest of the year of which I can not afford to pay. Any insight on what my options are would be greatly appreciated. Should I seek out an attorney as well?

 

[private_person3]

What is the name of your state (only U.S. law)? MD


I have purchased a property that I use as a rental property. I was late on the HOA fees, and an attorney contacted me. I have since brought the HOA fees up to date. The attorney placed a lien on the house for the attorney fees, and now submitted paperwork for foreclosure. Can an attorney do this? Is there still time for me to work out a payment plan for the attorney fees. I am current on the HOA fees but it looks like they want fees up front for the rest of the year of which I can not afford to pay. Any insight on what my options are would be greatly appreciated. Should I seek out an attorney as well?

I'm sorry to hear of your troubles. Sadly this is all legit.

You see, when you fall behind on your dues, your account is qualified for what is called "escalation." This is where the HOA decides to bill you for the entire year as opposed to allowing monthly payments. Also, any the HOA is allowed to recoup the legal costs incurred in trying to collect from you. So you do owe the entire balance.

Typically though a unit is over three months past due before an HOA gets the lawyers involved. The process of sending a notice from the lawyer, filing for a lien and then submitting the paperwork for foreclosure is another couple of months. So I assume the HOA has been dealing with this for 5 to 6 months already. With so much time passed, you probably won't be afforded a new monthly plan to repay your debt (especially since you fell behind on the original monthly plan).

My advice would be to find the money to pay everything up front to get the lien removed. Even a high interest line of credit would be preferable to losing your investment.

Lastly, you probably should contact a lawyer just in case this moves forward in the courts faster than you can pay up!

Good Luck and keep us updated!

 

[HomeGuru]

What is the name of your state (only U.S. law)? MD


I have purchased a property that I use as a rental property. I was late on the HOA fees, and an attorney contacted me. I have since brought the HOA fees up to date. The attorney placed a lien on the house for the attorney fees, and now submitted paperwork for foreclosure. Can an attorney do this? Is there still time for me to work out a payment plan for the attorney fees. I am current on the HOA fees but it looks like they want fees up front for the rest of the year of which I can not afford to pay. Any insight on what my options are would be greatly appreciated. Should I seek out an attorney as well?

**A: of course, read your condo docs.

 

[camedij]

Payment arrangement

Thanks for the quick response and information. I have contacted the attorney and we are going to work out a payment arrangement. He is sending me an itemized list of the charges.

 

[HomeGuru]

Thanks for the quick response and information. I have contacted the attorney and we are going to work out a payment arrangement. He is sending me an itemized list of the charges.

**A: now that is a step in the right direction. Remember cash talks.

 

[seniorjudge]

...
I'm sorry to hear of your troubles. Sadly this is all legit.
...

You think it's sad that folks need to pay their bills?

Oh.

Brother.

 

[private_person3]

You think it's sad that folks need to pay their bills?

Oh.

Brother.

As a Judge, I would expect you to have a better mastery of the language or at leas the better sense not to put words in someones mouth!!! I never said it was "sad that folks need to pay their bills!" So either your question is out of line, or your "Oh Brother" is. Either way, you show a serious (or "sad") lack of thought in your response.

sad
(adj) : Sated, having had one's fill; satisfied, weary; Trustworthy, serious, grave
"she gets sad when he's away."
synonyms: discomforted, distressed, uncomfortable

If we look at the definition (and synonyms); do they not adequately represent the OP situation? He falls behind of the monthly payments (for whatever reason)... receives a notice of delinquency... pays his bill so that his maintenance account is current (or so he believes)... then afterwords learns of "Escalation" and the other costs now attributed to his account... and finally faces the possibility of a foreclosure on his home. Yes, I would say that situation is either: serious, grave, discomforting, or distressing... take your pick!

If you think this situation is anything but... :- )

Even a murderer on death row has the right to be "sad."

And just so that I am thorough in my explanation: Sadly means "in a sad manner."

Next time I would prefer you keep your pointed comments to yourself (or at least not directed towards me). Such response is neither professional nor helpful; two things I thought you were. No disrespect intended.

Cheers!

Jim

 

[HomeGuru]

As a Judge, I would expect you to have a better mastery of the language or at leas the better sense not to put words in someones mouth!!! I never said it was "sad that folks need to pay their bills!" So either your question is out of line, or your "Oh Brother" is. Either way, you show a serious (or "sad") lack of thought in your response.

sad
(adj) : Sated, having had one's fill; satisfied, weary; Trustworthy, serious, grave
"she gets sad when he's away."
synonyms: discomforted, distressed, uncomfortable

If we look at the definition (and synonyms); do they not adequately represent the OP situation? He falls behind of the monthly payments (for whatever reason)... receives a notice of delinquency... pays his bill so that his maintenance account is current (or so he believes)... then afterwords learns of "Escalation" and the other costs now attributed to his account... and finally faces the possibility of a foreclosure on his home. Yes, I would say that situation is either: serious, grave, discomforting, or distressing... take your pick!

If you think this situation is anything but... :- )

Even a murderer on death row has the right to be "sad."

And just so that I am thorough in my explanation: Sadly means "in a sad manner."

Next time I would prefer you keep your pointed comments to yourself (or at least not directed towards me). Such response is neither professional nor helpful; two things I thought you were. No disrespect intended.

Cheers!

Jim

**A: oh brother.