My association filed a lien then foreclosed two years later. They never sent me any correspondence stating how much to pay off the lien. I tried numerous times to get a payoff of the lien but the person didn't seem to know how to calculate it. They also could not explain what a $400 fee was for or what other fees were for. I finally gave up then they filed foreclose two years later. Now the same thing with the attorney he will not explain charges to me either and keeps charging for things that the florida statute does not state he can charge. Need a foreclosure defense attorney and someone to file a FDCPA suit. Thanks.
Find an experienced real estate or foreclosure defense lawyer in your area. You can check the AVVO listings to find such a lawyer.
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.
You need an experienced HOA attorney because there are several factors to consider besides the statutes. You have to know what is in the Dexlarations, Bylaws and Articles of incorporation and whether or not new statutes apply or the statutes that existed when the documents were recorded.
You also need to know if the judges in your county follow the rule that the HOA needs proof you signed for notices or just proof they mailed them. A lot of owners think they can avoid foreclosure by refusing to sign for a certified letter but most judges will only require the HOA to mail it, recognizing the problem with unclaimed mail. They also are allowed to publish the notice if you're not claiming the mail.
In your favor there are court decisions where the courts recognized that every phone call or email created more fees and charges and the owner was at an unfair disadvantage.
Contact an experienced HOA attorney immediately. The HOA can take your home faster than the bank.
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.
In addition to the FDCPA you may want to consider the Florida Consumer Collection Practices Act.
No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.