Lawball Question

[catlanta33]

My family is in uncharted waters right now. Mom has defaulted on her HOA dues for almost 5 years now. She was served a notice, which she won't share with us - her help/support.

I have some dumb questions (@_Chase_) if anyone can help it would be greatly appreciated.

1. Are there specific lawyers for HOA issues/disputes? Assuming real estate but I'm an idiot and don't know.

2. Without knowing the details of the notice, would this be something I can cut a check for and be done with it?

3. She is on disability, can't work and is a government leech. Is there an organization or type of organization that can help with things like this?

4. Anyone lawyer these things in Georgia?

 

[BankerCat12]

Not an attorney but I will give you my two cents:

I would assume the HOA put a lien on her property. If there are no other liens and they are in first position, the HOA can start the foreclosure process. That might be different in Covid times if there is a freeze on this. My guess if they have not foreclosed on the property yet, there is a mortgage in place.

You should be able to pay it back but you will want to get a payoff amount directly from the HOA, which will include fees and possibly interest I assume. I would think you could cut a check for it and be done but the HOA might not talk with you if you are not on the deed to the property. It doesnt hurt to try.

 

[catlanta33]

Just got the email from the law firm so progress.

Please compose a separate email to be sent to me that includes the following information:

• Acknowledgement of the amount of the current balance. Since this is an active suit file, we would need to write up & process a Consent Judgment and file it with the court to close the case, which means adding $150.00 cost to the total.

• Explanation of why the account is delinquent (this helps the Board understand your circumstances). • Specific outline of how you will pay off the balance (this is typically in the format “# of payments of $xxx.xx to begin mm/dd/yyyy and end mm/dd/yyyy for a total of $x,xxx.xx”, although some people also include a larger initial down payment to help get started before going to monthly payments, and some people choose to pay as a lump sum).

• It is at this time that you can ask the board if they are willing to waive the late fees and interest if you successfully pay off the balance as outlined in your proposal (a waiver request). They MAY waive late fees and interest, but it is up to the Board to decide; sometimes they decide to waive either one or the other but not both.

• Acknowledgement that all future assessments after the date of your plan are not included in this agreement and that you will remain current on all future assessments.

 

[bthaunert]

Just got the email from the law firm so progress.

Please compose a separate email to be sent to me that includes the following information:

• Acknowledgement of the amount of the current balance. Since this is an active suit file, we would need to write up & process a Consent Judgment and file it with the court to close the case, which means adding $150.00 cost to the total.

• Explanation of why the account is delinquent (this helps the Board understand your circumstances). • Specific outline of how you will pay off the balance (this is typically in the format “# of payments of $xxx.xx to begin mm/dd/yyyy and end mm/dd/yyyy for a total of $x,xxx.xx”, although some people also include a larger initial down payment to help get started before going to monthly payments, and some people choose to pay as a lump sum).

• It is at this time that you can ask the board if they are willing to waive the late fees and interest if you successfully pay off the balance as outlined in your proposal (a waiver request). They MAY waive late fees and interest, but it is up to the Board to decide; sometimes they decide to waive either one or the other but not both.

• Acknowledgement that all future assessments after the date of your plan are not included in this agreement and that you will remain current on all future assessments.

Bullet 3 is important. I've been the president of 2 separate HOA's and have always waived late fees and interest in situations like this.

 

[wildcatdonf]

I have a friend that had this very delimma. He paid the HOA before he closed. He had to.

 

[catlanta33]

I have a friend that had this very delimma. He paid the HOA before he closed. He had to.

Learned a lot more since yesterday after speaking to a lawyer. Said you can not pay but it could lead to a judgement of garnished wages. Also, even if you pay or not, it's going to be a lien and will be paid at closing on sale; if you can even make it that far with a sale.

Also said you don't need me (a lawyer) unless you're disputing.

We also thought they may be able to take her home - we're idiots - and he said they can't.

Definitely better to clear it up now than later but feel much better knowing I can leverage my mom to help us help her and she's not going to be put on the street over this.

 

[numberonedad]

Learned a lot more since yesterday after speaking to a lawyer. Said you can not pay but it could lead to a judgement of garnished wages. Also, even if you pay or not, it's going to be a lien and will be paid at closing on sale; if you can even make it that far with a sale.

Also said you don't need me (a lawyer) unless you're disputing.

We also thought they may be able to take her home - we're idiots - and he said they can't.

Definitely better to clear it up now than later but feel much better knowing I can leverage my mom to help us help her and she's not going to be put on the street over this.

I'm President of our HOA, and like others have mentioned, the HOA gets their money before anyone else.