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HOA filing for foreclose

  • Thread starter Thread starter psewell
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psewell

Guest
What is the name of your state? Florida

Yes, I was late paying....

I sent in the payment to the HOA, including the late fees. While my payment was inroute to them, they got some lawyers and filed a lien. The HOA accepted the check ( and cleared). Awile later they cut a new check and said "We deposited in our account in error. and per association attorney's office, your payment is being refunded." send the money to XXXXX.

Well I never deposited they check as I thought something fishy was going on (cant accept and then change your mind).

then BOOM 30 days later you have been served. notice to foreclose.

Called their lawyer and they said they had the right the refuse the payment. But I said "they deposit" the check.

This is where we are at ATM.

Thanks
 


S

SysAdm

Guest
cont...

Are you sure this isn't strike 3 with the HOA? I mean, have your payments usually been on time? Seems the HOA got the check and deposited before somebody communicated internally that they started a foreclosure.

Their attorney is right, they can refuse any type of payment if you breach the contract in any way. Late payment, no payment, not all of the payment, etc. etc... but 9 times out of 10 if you have your attorney type them up a letter of apology like a good faith letter with the payment attached, they usually give you another chance.

Either way your at their mercy... since you breached the contract. It just sucks that much more since they accidentally deposited your check and then said OOOPS and returned your money...

Not sure what equity you have in the property, but you might want to get a second from a third party and pay off your first mortgage... Another words, get a Junior loan and payoff your Superior loan...

This would give you a clean slate and a new Lien Holder...

Good luck...

_____SysAdm
 

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