Can an HOA and their attorney be sued for FDCPA violations?

Asked over 2 years ago - Orlando, FL

I was sued by my HOA for non payment whIle in the middle of a deed in lieu and they attempted to foreclose.. Both the Bank and I completed the deal to include full and final payment to the HOA to release the lien. The HOA continued the foreclosure action, sold the home and filed a judgement against me even though the HOA received the check and the deed in lieu agreement was signed a year and a half before!! Is this not illegal? PS. the home was still under my name because the bank failed to satisfy the mortgage ( which in Florida is a misdemeanor!) and I am now receiving letters from code enforcement about the property and its condition.

Attorney answers (3)

  1. Preston Hall Oughton

    Pro

    Contributor Level 11

    Answered . Any debt collector can be held accountable for violations under the FDCPA. The definition of a debt collector under the FDCPA clearly defines the collector of a debt. You should contact an attorney regarding this matter.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

  2. Barbara Billiot Stage

    Pro

    Contributor Level 20

    Answered . You are part of a large group of people facing the same problem. You give your home to the bank, but until the bank takes title you are still the legal owner and responsible for any dues that continue to accrue. While the HOA received the check, it is entitled to receive the dues that accrue and actually need them to maintain the association since they rarely have any other source of income.

    The problem occurs when the HOA attepmts to collect because legally they can only go after the owner on the deed, which is you. Your dispute is actually with the bank for breach of contract.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  3. Royce Brent Bishop

    Contributor Level 16

    Answered . Yes, they can be sued, but you have bigger fish to fry first. First go see an attorney, this sound really messy and is too much to discuss on here. It sounds like you did make an agreement with the bank, but if you continued to live there, the HOA was/is trying to collect on the assesments that became due after they got their check and you continued to live there. This is how I'm interpreting your question. "Illegality"(for the misdemeanor) is a good claim and a good affirmative defense if this goes to a lawsuit. This type of misdemeanor, I don't recall it. I do criminal law, but it is not something prosecutors charge very often--probably never. But just about anything that is a criminal act can be brought as a civil action in a civil court if a prosecutor is not interested in prosecuting the criminal act. Like if you punch me and the prosecutor does not want to press charges, I can still sue you in civil court. I'm saying that you should use this misdemeanor of which you speak and run out as quick as you can and file a lawsuit. I'm saying go talk to an attorney and if there ever is a lawsuit, the misdemeanor may be a claim or defense if it gets to that point.

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