Posted by John on May 19, 2005 at 22:33:48:
contact you title company the title insurance you bought should cover this
HOA and debt collection–long - Posted by Luke-NC
Posted by Luke-NC on May 19, 2005 at 17:13:20:
I have dealing with this HOA for about 6 months. We bought a house that was in foreclosure and negotiated a reduced payoff for the homeowner’s association, which had not placed a lien on the property at the time of our closing.
3 months afterwards, they association says they made a mistake and want the full amount owed by the previous owners, which was around $1,500.00. We had negotiated a reduced payoff to $300.00. I show them their paperwork to us saying they had accepted the reduced payoff of $300 back in September of '04. Plus, we had already paid off 2005’s dues of $120 back in December of '04 according to the statement they sent us. I still had a copy of that cashed check. Plus that bill said the TOTAL owed at that time was $120. I thought that was the end of it.
Come today, we get a letter from an attorney saying they are placing a lien on the property for the unpaid dues and will foreclose on it soon. I think I know whats going on. They figure we’ll pay them off rather than pay an attorney more money just to fight them off.
Now, I figured that they accepted the $300 back in september and then accepted the $120 in december for 2004’s dues. Isn’t there some debt collection law that says if they accept a payment like that they are acknowledging that is what is owed at the time? I have this all in writing so I figure I’m alright here.
Any ideas?
Re: HOA and debt collection–long - Posted by River City
Posted by River City on May 25, 2005 at 11:48:10:
The HOA’s mistake is their bad, not yours. Send the attorney a copy of the agreement that indicates HOA fees of $300. I would also send a letter to the HOA telling them that I was going to file a claim with the Better Business Bureau and then do it. Send them copies of your paperwork so they know you are in the right. Then sit back and let them do their job. Be sure to make notes of all contact with the HOA or any representatives of the HOA (attorneys).