Posted by dealmaker on September 09, 2005 at 20:44:42:
Just show them the paper they signed when they agreed to accept the reduced amount as liquidated damages. Whoops, you didn’t get a signed paper. Sorry, you’re on the hook for the entire amount.
being sued for disputed amount owed. - Posted by lukeNC
Posted by lukeNC on September 09, 2005 at 05:54:54:
I had a property I bought which had $1,500 in unpaid HOA dues from the previous owner. We negotiated a paydown to just me paying for the next years dues, $120.00. We agreed on the phone, that if I paid for next years dues, $120, it would be OK. I got just the bill for the next year, stating that total amount owed was $120. It was just the regular HOA dues bill. I paid that, they cashed the check.
Now 9 months later, I get a notice saying that I owe $1,380 in dues, from the previous owner. They immediately file a lien and commence foreclosure on the HOA dues.
Here in NC, dues go with the lot, so they can accumulate as long as there isnt a mortgage foreclosure that extinguishes them.
Was I supposed to get a letter in writing saying that they were supposed to accept the $120 as full amount owed? Or, is the bill they sent me good enough proof?
I’m of course very upset now. My attorney is saying to just pay it, because his retainer is $1,000 just to fight it.
I hate this, but do I have any other options?
Re: being sued for disputed amount owed. - Posted by River City
Posted by River City on September 12, 2005 at 11:01:44:
What did your contract state regarding HOA dues? Were they supposed to be current at time of closing?
Did you obtain a title insurance policy that stated the HOA dues were current? If so, you might want to contact the title insurance company and file a claim with them.