HE IS BEHIND ON MAINTENEANCE FEES. THE LAWYER FOR THE CONDO ASSOSIATION HAS SENT A LETTER FOR "INTENT TO FORECLOSE LIEN. OUR FAMILY'S RECORDS OF PAYMENT DO NOT MATCH THE LAWYER'S RECORDS. THEY HAVE ALSO ADDED A NEW $2800. SPECIAL ASSESMENT FEE TO THE INTENT TO LIEN LETTER. WHAT SHOULD I DO? THE LAWYER DEMANDS DIRECT PAYMENT TO HER OFFICE AND NOT TO THE MAINTENACE MANAGEMAENT CORPORATION. I WOULD LIKE TO GO TO THE MAINTENANCE MANAGEMANT CORP. TO CLEAR THINGS UP.
The attorney is now the representative, apparently, for the maintenance management company. You should try to "clear things up" through the attorney's office first. If they are unresponsive, go to the maintenance management company. Good idea to talk about it. Be prepared to show them your records.
At a minimum, within 30 days your receipt of the letter (sooner if a deadline is earlier within the letter), you should reply in writing with your specific objections and notes of inaccuracies. I would attempt to have the phone contact or a meeting prior to writing a letter, if possible, as one can get more done in a face-to-face meeting or a call than exchanging letters. But, ultimately, you should get a written record, even if it is to confirm an agreement you reach in speaking directly.
Marty Davidoff, [email protected], 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.
1. You cannot choose who you deal with, but you can copy the maintenance company on all your correspondence.
2. If the managment company deals with you and you resolve the issues, get that resolution in writing and then provide it to the attorney.
3. Insist upon an explanation for any charges you are unsure about. Do this in writing.
4. If you cannot resolve, then hire an attorney to speak for you.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. [email protected], 305 377 1505
I agree with the analysis provided by attorney Davidoff and attorney Stein.
They key is and always will be good, accurate, and organized documentation.
Work promptly to resolve this matter and document everything including who you speak to, when you spoke to them, what was discussed, what action items each party to the conversation was given, and when a follow-up call or correspondence is expected.
A good attitude and approaching this calmly and methodically will go a long way in resolving the matter, or at least in closing the gap between each parties' current expectations.
Of course, if negotiations fail or stall you may need to seek an experienced real estate attorney to represent you/brother-in-law in this matter.
No communication resulting from this posting will create an attorney-client relationship. In order to create an attorney-client relationship you will need to meet with the attorney and execute a written retainer agreement. Please do not send any confidential information to us until such time as you have executed a retainer agreement and an attorney-client relationship has been established. Furthermore, this posting and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.
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