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HOA did not cash checks for fees, filed against me.

Winter Garden, FL |

I pay bi-annual HOA fees. Their management company either lost or misplaced the checks I sent in for the fees (I have carbon copies of the old checks). Their lawyer contacted me via mail. In the letter to me I was told there were past due fees in addition to lawyers fees. The letter said that the ONLY method of communication that would be accepted would be email.

I sent them an email the day I received the letter in which I offered to pay the past fees. I send this email return receipt. This email was not opened until 7 months later, months after the association lawyer filed to foreclose on my home. They now want me to pay over ten thousand dollars in fees. Do I have any recourse?

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Attorney answers 3

Posted

In order to start a valid foreclosure against your unit, the association must have properly notified you (via certified mail) of its intent to lien your property. You should have been provided 30 days to cure the arrears. If you failed to cure within that 30 day window, the association then needed to provide you notice (via certified mail) that it would foreclose if the outstanding dues are not paid within an additional 30 days. If the association did not follow this procedure and you can demonstrate you tried to pay before you were in default, you likely have a strong defense to foreclosure.

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.

Asker

Posted

The email I sent to them was a response to the 30 day window. Which they never responded too. Thank you so much!

Posted

You need to hire an attorney. It sounds like you have a solid defense to the foreclosure and maybe even claims against the HOA. Good luck.

My answer to your question does not create an attorney-client relationship.

Asker

Posted

Thank you very much for your response!

Posted

I agree with counsel. There are potentially unfair debt collection practices taking place as well

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