Past Due Homeowners Association Fees

by Natacha
(Hialeah, Florida)

I have been trying to work with my home owner association to bring my past due current. I sent their atty a letter with posted dated checks. At the end of the letter I stated that if this was not acceptable to please contact me via phone or e-mail. They did neither. They cashed 2 of the checks that I sent so I thought that they had accepted my offer. Then I got a notice in the mail that they were going to start foreclosure proceedings. In that document they had the wrong amount of what I owed. I made them the same offer and they don't want to accept. I can prove that is all I can pay. What can I do? Will filing chapter 13 or 7 bankruptcy assist in this?

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Dec 28, 2010
past due homeowner dues
by: Gerri

Natacha,

Unfortunately, you do need to talk with your own attorney about this as your house is at risk here.

You can certainly set up a free consultation with a bankruptcy attorney to find out whether bankruptcy would be helpful to you. I am not certain that it will be because the homeowners association has a lien against your home, but there's certainly no harm in talking with them. They are seeing a lot of homeowners in situations like yours I'm sure. You can ask the attorney to refer you to someone who could help you sort out whether or this matter has been handled properly.

You can also file a complaint against the HOA attorney with your State Bar Association and the Better Business Bureau.

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