Foreclosure in 92703>Question Details

Tawnya Kikawa, Renter in Costa Mesa, CA

How do I go about settling out of court and paying the minimum amount of HOA dues after foreclosing? Do I contact my HOA to settle, go to court...?

Asked by Tawnya Kikawa, Costa Mesa, CA Thu Jun 23, 2011

I am being taken to regular (not small claims) court for HOA dues ($6K) by my HOA's lawyers. I only owe $4K before all fees. I have been in contact with my HOA during the whole process of being turned down for a loan modification (for no apparent reason), foreclosure, etc. We do not have the money, obviously, to pay this absorbitant amount as we are on one income, etc.

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15
Hi Tawnya,
One of the biggest mistakes a real estate agent can make is trying to offer advice on legal or tax issues. You really should contact a good real estate attorney in regards to your situation.
Best of luck and sorry for your circumstance.
Happy Holidays,
Greg
0 votes Thank Flag Link Thu Dec 22, 2011
Sounds like they are asking for 2K in attorney fees. I would give them a call, put everything agreed to in writing.
0 votes Thank Flag Link Thu Dec 15, 2011
Hello Tawnya, still sounds like you should talk to an attorney for help. The bank could give clear title to the new buyer and the HOA can go after you as they seem to be doing from what you say. Get legal counsel. A real estate agent is not an attorney. Sorry to hear you lost your home, the bank foreclosed and has the house for sale. You are moved out of the house and now need help from an attorney for the HOA now. Let me know what the attorney can do for you in helping you settle to get the amount down. Ingrid Ski Realtor
0 votes Thank Flag Link Sun Jun 26, 2011
When we tried to get a loan modification, we owed nothing to the HOA. All of these events have been within the course of the last 2 years.
0 votes Thank Flag Link Sun Jun 26, 2011
well loan modification is out, you owe too much to the HOA and therefore a risk for a modification loan!
0 votes Thank Flag Link Sat Jun 25, 2011
We did indeed try to short sale with a realtor and had a reasonable offer and bid, etc., but in the end Freddie Mac wanted more $$ from both the buyer ($20K more) and from us ($25K in cash or $55K over 15 years). If the buyer or we were unwilling to provide this, they said it was better for them to foreclose in the end, which is what ended up happening. We were very frustrated as you could imagine! So, the foreclosure has already happened and the property was listed as a foreclosure/bank owned for sale 3 days ago, but we still owe the HOA $$. So, they have now come after us.

Is it true that if someone buys the property, in order to clear the title of HOA fees owed, that the bank (since the property is owned by the bank now) would need to pay these fees? If so, it is a race for time between us and the bank finding a buyer.
0 votes Thank Flag Link Sat Jun 25, 2011
Hi Tawnya. About the loan modification you were turndown for, now you proceed with a short sale. This where i can help you in this frustrating process. I will go over what will happen and what you can expect. Call or email to talk about your situation. Talk to you soon. Ingrid Ski Realtor.
0 votes Thank Flag Link Sat Jun 25, 2011
Hi Tawnya,

I don't understand why you were unable to do a short sale? I have never had a lender tell me they would not allow a short sale...frankly, if it's a reasonable offer, it saves the lender time and trouble to allow us to handle it for them. The HOA will be handled in the short sale also. If the lender does not pay for it...then we make sure the buyer is prepared and ask them to pay it up front.

I would be happy to speak with you in private on this.....if you like. You can email me directly or call me. Maybe we can work something out for you.

Karen
0 votes Thank Flag Link Sat Jun 25, 2011
You mentioned that your lender wouldn't work with you for a loan mod or short-sale, and it sounds like you still own that property. You might still have a few other options assuming you still have enough time, provided you're open to doing something creative, and provided you act expediently.

Please feel free to contact me if you're interested in doing something creative, because I might be interested in the property.
0 votes Thank Flag Link Fri Jun 24, 2011
Hi Tawnya Kikawa,
If the HOA has their attorneys contacting you, I would reccommend you to contact a Real Estate Attorney for advise. They would be able to give you the correct advise for your particular situation and can advise you what you can do and what to expect. How else can I help you? Ingrid Ski Realtor
0 votes Thank Flag Link Fri Jun 24, 2011
Tawnya,

Don't be fooled! ALL HOA dues are a personal judgement against the homeowner. They only get wiped out for the lienholder (banks) and not you. Call an attorney.

Joe Homs
Web Reference: http://www.shortsaleapp.com
0 votes Thank Flag Link Thu Jun 23, 2011
If the home has been foreclosed, the HOA lien was wiped out. If they obtained a judgement against you prior to the foreclosure, it may show up on your credit report and have to be paid before you could qualify to buy another home.

(For $6000 they should have just gone to small claims court. It kind of sounds like the HOA lawyers are just milking the HOA for their fees!)
0 votes Thank Flag Link Thu Jun 23, 2011
Yes, we tried to short sale, but of course Freddie Mac was ruthless and did not work with us at all. We are the owners of the property, so we owe the $$.
0 votes Thank Flag Link Thu Jun 23, 2011
Tawnya,

Your best bet was to do a short sale http://(www.shortsaleapp.com), but if the property was foreclosed by the bank then your next best bet is to negociate with the HOA's Attorney directly. They may be able to put you on a payment plan. The worst case senerio is that they win a judgement against you, now let them try to collect. If you have no or little money then they have little or no options. They can garnish your wages or look for some money you have somewhere else. Seek the advise of an attorney, but that will cost some money as well.

Joe Homs
Realtor
Realty World
949-625-45433
Web Reference: http://www.joehoms.com
0 votes Thank Flag Link Thu Jun 23, 2011
Why are you paying for the HOA fees? Are you the owner or a renter? If you are a tenant, the owner is the one that is required to pay all HOA fees. Please explain?
0 votes Thank Flag Link Thu Jun 23, 2011
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