Foreclosure in 91326>Question Details

Frustrated96, Home Seller in 91326

HOA fees were paid, but they are still coming after me. How do I prove they were paid?

Asked by Frustrated96, 91326 Mon Jan 18, 2010

Lender took home, even though he said we could sell since we found a buyer. At last minute he bought home at auction then sold to our buyer. In the closing documents, he paid HOA fees, but they are coming after me because they think we sold house to new buyer. They refuse to look into it, but I don't have closing documents because I was no longer the seller. How do I prove this?

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Answers

6
Hi Frustrated, Home - Seller

What you can do is the following:

First send them cease and Desist, Validation, and Dispute as allowed by the Fair Debt Collection Practices Act,
Has the HOA sent you to collections?
In your letter make the heading in BOLD Print so they can not miss it.
Send it certified mail, return receipt.


Cease and Desist means they can not call you, harass you for collection.
Dispute the fact that you owe the money, tell them that is has been paid.

Validation means they have to prove that you owe them the money they are talking about.

They have to prove within 30 day, that you owe them the money or they are in violation of the FDCPA and they can’t continue the collection process.

If they continue the collection process make sure to keep copies, you can know forward your letter to the BBB, your credit reporting agencies etc. If they send you to a collector you may be able to sue them for being in violation.

This is just basic information we make available and not legal advice.

Ryan Gussman , Realtor
0 votes Thank Flag Link Sat Mar 27, 2010
Hi Frustrated,
Has the HOA sent you to collections? What you can do is the following:
first send them Cease and Desist, Validation, and Dispute as allowed by the Fair Debt Collection Practices Act,

In your letter make the heading in BOLD Print so they can not miss it. Send it certified mail, return receipt.

Cease and Desist means they can not call you,
Dispute the fact that you owe the money, tell them that is has been paid.
Validation means they have to prove that you owe them the money they are talking about.

Unless they can prove within 30 days that you still owe this money they are in violation of the FDCPA and they can not continue collecting.
If you send this notice to them and they disregard it and continue to collect make sure to keep copies, you can then forward your letter to the BBB, your credit reporting agencies etc. If they send you to a collector you may be able to sue them for being in violation.

This is not legal advice. You can find this info out and verify it yourself on ftc.gov . Debt collectors can not simply send you letters asking you for money. They have to prove you owe it!! to many people pay the bill then it gets sent to collections again.

Best of luck
JoAnna Jensen
0 votes Thank Flag Link Tue Jan 19, 2010
If the property went to foreclosure and the buyer purchased the property at the foreclosure sale, there would be no closing statement and really no reason why the buyer would of paid the condo dues. If you are sure the buyer paid the condo dues , contact the buyer and get your answer. If the buyer paid the condo dues then you will have your proof. However, if they did not pay the condo dues, then you will know that you owe those fees.



Keith Manson
First Weber Group
Certifed Distressed Property Experts
Metro Milwaukee


http://milwaukeebailout.com
0 votes Thank Flag Link Tue Jan 19, 2010
Hello Frustrated96,

I am a bit confused by your description. However, I specialize in Short Sales, and have heard a lot of stories about the HOA going after the seller in a short sale (and the past owner in a foreclosure) due to unpaid Home Owners' Association Fees. The only true "protection" that the HOA has would be to file a subordinate lien on the property (while you still owned it), as a mechanic's lien, IRS lien or County Tax lien (etc., etc.) would be filed. This scenario that you described sounds like an investor paid all-cash at a trustee sale auction, and happened to "retail" the property to a ready, willing and able Buyer soon thereafter. The lack of a recorded lien on the property may not prevent the HOA from collecting the past due debt, so you really should seek legal and tax advice before assuming you are in the clear. I suggest you research the closing documents from the sales transaction escrow, in order to at least attempt to convince the HOAs that they have already been paid -- as you are claiming. The laws in the County of L.A. (Northridge/Porter Ranch) may differ than those in Ventura, as far as debt collection. Trulia agents such as Heidi, Bonnie and Ted all have experience with sellers ans short sales, so they will also give you some excellent advice. Good luck!
0 votes Thank Flag Link Mon Jan 18, 2010
Contact the escrow officer involved in this transaction. They know who paid for what & can provide you with a HUD-1 Settlement Statement & other supporting documentation that you could present to the HOA or whomever you need to present evidence to.


emilyknell1@yahoo.com
0 votes Thank Flag Link Mon Jan 18, 2010
Could you "contact" the current owner and ask for help?

What about contact the Realtor and explain your situation?

I wonder is Lender paid those HOA dues or just did not pay them. I wonder if the HOA will allow the sale without payment.

You need a lot of help. Good luck.
0 votes Thank Flag Link Mon Jan 18, 2010
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