Long story short association is trying to collect on old debt they waved their right to passed the five years sol to collect on. I did nothing to toll the statute. They placed a lien anyway for assessments dating back to feb 2007, they let that lien expire. The debt by waiver, sol and expiration is extinguished. They have not filed a new lien for current assessments and they are threatening to foreclose on the lien that they let expire. They have not filed a foreclosure yet. I want to sue for slander of title and fdcpa because I do not owe them for that old debt anymore. Please let me know if anyone deals with this type of law and what can be done. Im thinking if they try to foreclose I can put in counterclaims. Thank you for your time.
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Residential Real Estate Lawyer
You have posted this several times. While the association may not be able to foreclose on the lien they have already filed, all they have to do is file a new lien and it can go back five years from the date they are filing. The association has not waived any right to collect the debt by foreclosing. They have waived the right to collect any monthly assessment that is more than five years old, but not all assessments. Each monthly assessment is a new debt. If they file a lien today, they can collect assessments going back to December 2008.
You do not have a case for slander of title or FDCPA. FDCPA does not apply to creditors. It applies only to third party collectors. The association is not a third party. Slander of title requires publication to a third party and damages.
There is no defense to non-payment of assessments to an association. Just because you did not pay assessments for more than five years does not mean you never have to pay assessments again. You need to work out a payment plan with your association or consider a chapter 13 bankruptcy to allow you to pay the past due assessments over a 5-year period.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Real Estate Attorney
You are obligated to pay the assessments on the unit you own. If you do not pay, you are breaking your promises and cheating the association and your fellow residents. You apparently think you can get out of your legal obligation with blue smoke and mirrors. The law doesn't work that way. Pay the assessments that you owe.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.