Foreclosure in Denver>Question Details

clrettmann, Home Buyer in Denver, CO

Can someone who is on SSDI be forced into foreclosure by the HOA over a $4000.00 fee debt?

Asked by clrettmann, Denver, CO Mon Jan 28, 2013

They tried to garnish wages & couldn't since the only income is social security disability. The party has been in the hospital for 2 months due to severe heart problems & the shutdown of several body parts, ie. liver, kidneys, etc. Seems to be doing better after beginning daily dyalisis. Still not certain of release &/or future needs, yet is current on mortgage payments.

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7
Robert McGuire’s answer
Clrettmann,

This is a complicated question with no standard answer that a Realtor could answer correctly or with certainty for you. We as Realtors are really not authorized to give legal advice, and expecially in a sensitive and complicated case such as this. I wish you all the best in getting this resolved.

Robert McGuire
Broker/Consultant
Your Castle Realestate
http://about.me/robertmcguire33
0 votes Thank Flag Link Tue May 14, 2013
HOA's have alot of clout, and yes I believe they can. This is not legal advice. I've utilized HindmanSanchez for legal matters pertaining to common interest communities since 1998. They can and will help you for a reasonable fee. Good luck!
0 votes Thank Flag Link Mon Jan 28, 2013
Dear clrettmann:

The advise from several responders to seek the services of a qualified real estate attorney is spot on. Hopefully you have already begun the search.

This seems to me to be a time for this person to seek the skills of a professional life evaluator. By this I mean a person (or persons) who has the ability to evaluate all aspects of life given the current and projected circumstances of this person. This should be an evaluation inclusive of: health needs, financial condition (income & projected expenses), physical living needs, emotional needs...etc. All categories should be reviewed in light of current and future projected needs/conditions. After a comprehensive life review, this person will be better equipted to make decisions that are in the best interest of their future.

Feel free to contact me for references.

Sharon Young
Keller Williams DTC
homes.young@gmail.com
303-489-6477
0 votes Thank Flag Link Mon Jan 28, 2013
Often folks will use HOA and condo association interchangeably.
In 2009 these groups were granted a 'super lien' capability. This debt REALLY needs to be paid. The association does have the legal authority to collect what is owned by any means necessary. Some will just place a lien on the property. Others will TAKE control of the property.
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You are in a situation that requires legal assistance. Nothing printed here should be considered legal advise, That can only be provided by an attorney.
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YOU MUST consult a real estate attorney. You may have options that are not obvious.
The association may have options that the attorney can compel the association to exercise.
The attorney may indeed discover that SSDI recipients fall into a special class.
You are in a tough spot.
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Get help from an attorney. They are the only ones qualified to render advise on this issue.
Attorneys are expensive. $4,000 for the debt or $$$ for an attorney? It's a tough spot. You may try contacting a state appointed ombudsman for assistance. This last option may require time that you may not have.
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Finally or firstly, don't overlook the influence of the local TV station. ALL OF THEM!

Best of success to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
727.420.4041
http://RealEstateMadeEZ.us
0 votes Thank Flag Link Mon Jan 28, 2013
I would suggest calling an attorney as well. If you have not already contacted the HOA to explain the situation to them, I would do that as well. I can't speak for this HOA, but in general HOA's do not want to foreclose, they just want the HOA dues paid. Many times something can be worked out if they are aware of a special situation.
0 votes Thank Flag Link Mon Jan 28, 2013
I think Sean's answer is the best course of action and agree with his opinion of Hindman Sanchez...they are certainly knowledgeable when it comes to HOA's. In my opinion...even though I sympathize with this individual's health problems and wish him the best...I don't think the fact he is on SSDI would preclude a foreclosure action but I would certainly encourage you to get the advice of a good attorney.
0 votes Thank Flag Link Mon Jan 28, 2013
I would suggest that you contact an attorney for a real answer to this question. Hindman Sanchez is the preeminent HOA attorney's office in Denver, call them to see if they can help you.
0 votes Thank Flag Link Mon Jan 28, 2013
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