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Can an HOA seize property for unpaid dues?

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by sqwerl, Jun 3, 2012.

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  1. sqwerl

    sqwerl Law Topic Starter New Member

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    My mother bought a new home in 2007 and at the time she was working and had the wages to pay the mortgage. When she moved in in February of 2007, the HOA tried to collect a full year of dues even though the previous home owners had paid for the full year. She didn't feel like this was right or legal so a tiff began. Not long after, they turned this over to their lawyer and placed a lien against her home. She was fine with that since she knew she could easily get more than what she paid for the home including the down payment and equity so pay the lien if and when the home was ever sold. She continued to receive letters from the law firm advising her of the liens and attempts to collect until the beginning of this year when a collection agency took over and began threatening her with reporting this on her credit.

    This year she became disabled so had to quit work and my sister and brother-in-law moved in to help care for her and pay the mortgage. She spoke to the VP of the HOA several times and he seemed willing to work with her on a payment arrangement to get the debt paid but said he would need to clear it with the HOA board. Months passed and she never heard anything so she began writing letters to the HOA asking about the agreement and if it was acceptable or if not to contact her IN WRITING with alternatives. A few more months passed and the VP of the HOA left a note in her mail box to call him. She wrote him another letter asking him to respond in writing. He stopped by her house again and spoke to my sister telling her that he needed to hear from our Mother that it would be beneficial for her to call him. He seemed to be insinuating that they could work out a payment arrangement. My sister asked him why he couldn't respond in writing. He stated that if he didn't hear from my Mother soon they would be filing a law suit. It seems very suspicious to us all that they will not respond at all in writing to a legal matter.

    I know if they sue my Mother and win a judgement they could possibly garnish her wages (not sure about disability income) but can they also seize or foreclose on the home or other property of hers?
     
  2. mightymoose

    mightymoose Moderator

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    They already have a lien on the home. I can't imagine what more they would hope to get with a new lawsuit. It is probably just typical scare tactics from a collection agency. The less you communicate with them the sooner they will find someone else to hound.
     
  3. Unregistered

    Unregistered Guest

    Now I'm like, well duh! Truly thaknful for your help.
     

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