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Foreclosure in 29681 : Real Estate Advice

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  • Local Info1
  • Home Buying29
  • Home Selling4
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Activity 26
Fri Feb 3, 2017
Leadernadine answered:
My question is I'm up to date on my mortgage payments. But my HOA feed I'm behind. I want to set up a repayment plan. But the association wants more a month than I can afford. Now they want to foreclose on the property. What can u do to stop this? Can they sell my property even if my mortgage is up to date? Is that legal? I need a respond ASAP please ... more
0 votes 25 answers Share Flag
Mon Jun 22, 2015
Diane Christner answered:
Read your HOA bylaws and restrictions carefully. If they have the ability to fine you, they can potentially place a lien against your home and, after a certain amount of time, they may be able to foreclose on your property. You do not want to lose a home over a dispute with the HOA. If you cannot settle your dispute with the HOA board on your own, I would suggest talking to a lawyer to learn what options you have. ... more
0 votes 2 answers Share Flag
Thu Apr 23, 2015
Victor Pasqualicchio asked:
I live in New Jersey and got sick several years and could not pay my bills including my 1st Mortgage and Condo dues. After 3 long years I got better went on SSDI and started to contact my…
0 votes 0 Answers Share Flag
Tue Feb 4, 2014
Brock Lee answered:
Having a resource to help with HOA information and documents makes life easier. Recently, when selling a home in Ohio, Association Online provided me with all the HOA details for the listing, and then provided all the documents - by-laws, financial statements, covenants, etc. They made sure the package was complete, making my work easier. Their web site is well organized and very easy to use - www.associationonline.com . Call their team of experts – they are great to work with (970-226-1324). ... more
0 votes 3 answers Share Flag
Fri Dec 21, 2012
Aris R Mendez answered:
Hi Pooh : ),

Yes the HOA can place a lean in your home but it's cost effective not to specially if the home is under a distress status. If you have reached a Foreclosure status do a big favor to yourself and do not allow yourself to be foreclose on, your bank will allow the property to be short sale halting the foreclosure process and saving them tons of money. There may be an incentive for you as well, call me I can help, 've done numerous short sales. Thank you.

"Your Greenville SC Short Sale & Foreclosure Home Specialist"

Aris Mendez REALTOR®
864-567-5114
... more
0 votes 2 answers Share Flag
Thu Aug 16, 2012
Michael Emery answered:
Thu Aug 16, 2012
Denise Leigh answered:
Hi There! I'm the Market Manager & Buyer Agent Specialist for Delco Realty Group in Greenville, SC. If you are in need of assistance in your home search (or) would like to begin looking at homes in the Greenville area, please don't hesitate to call me. You can reach me @ (864) 444-9342 . Thanks and look forward to hearing from you soon!
Denise Leigh
... more
0 votes 6 answers Share Flag
Sun Aug 5, 2012
Rick Stroud answered:
Hi Tiffany....sorry to hear you are facing a challenging situation. This isnt legal advise....but I would definitely consider discussing the situation with the Association (face to face if possible), they may not understand your current challenges and might be willing to work something out with you. And as Sheri said below, I would also talk to an attorney before committing to or taking any legal steps. If you dont have an attorney to turn to, I would highly recommend Kevin Brady with Guest and Brady, LLC. Kevin is extremely knowledgeable and specializes in real estate, so he should be able to give you some direction. Feel free to mention that I said for you to contact him. If he cant help, Im sure he would be able to give you a name of someone that could.

Dont hesitate to contact me if I can do anything to help you.

Rick
... more
0 votes 2 answers Share Flag
Thu May 24, 2012
Nima Buva answered:
My fellow agent is right here. This is "Attorney" level question. You, all home owners should get together and approach real estate attorney. They do provide free advice. Let me know if I can be of any assistance to you ... more
0 votes 2 answers Share Flag
Mon Apr 16, 2012
Elizabeth Anderson answered:
Mon Sep 26, 2011
Candace Boatwright answered:
Nikki, The HOA can only put a lien on the property. That lien will be satisfied at some point when the house is transferred to a new owner after the foreclosure. I agree with consulting an attorney. That is always the best bet! Good luck. ... more
0 votes 5 answers Share Flag
Fri Jul 22, 2011
Cj answered:
Answer to Mack's question.

This first started out as a simple dispute of past due common charges from past property manager.
I wrote a dispute to current property manger and he agreed with me and said $460.oo should be waived.
When he presented this to condo board they said they would only waive $248.00 and gave no reason for
their decision. The board is not directly involved in collecting fees and assessments and hva no direct involvement. After many letters back and forth. I got letter stating if I did not pay by Sept 30 the Board wanted me to turn over account to attorney. I relied on this because got no where with Board or property manger and felt attorney as an officer of the court he would inform board they had to waive total amount.
this amounts to theft But attorney did not contact me for 4 months fees and late charges keep growing
Attorney did not respond with customary demand letter befiore commencing lawsuit he commenced an
action in bankruptcy court (relief from stay but bankruptcy was discharged in 2008 this is 2011.

My feeling the property manger had the duty to the Board and all unit owners to contact attorney immediately after date passed and attorney should have acted within 30 days with demand letter before
commencing legal action not wait 4 months.
This should have been resolved in October 2010 without any legal action not with added charges.
... more
0 votes 7 answers Share Flag
Thu Apr 28, 2011
Eli Givoni-Short Sale Dept LLC answered:
Yes, you can stop paying your hoa fees. Although, you should consult an attorney to see if they can come after you for an outstanding balance. You do not need to let this property go to foreclosure and ruin your credit. You can do a short sale and keep foreclosure off your credit. We are a professional short sale service and would be happy to explain the process to you. Please call us directly to discuss your specific situation. Our services are FREE to homeowners. We look forward to hearing from you.

Eli Givoni, Director
Short Sale Department, LLC
561-361-1909
info@shortsaledept.com
www.shortsaledepartment.com
Serving all 50 states

MARS Disclosure for General Commercial Communications
IMPORTANT NOTICE:
Short Sale Department, LLC is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit.
... more
0 votes 3 answers Share Flag
Sun Mar 27, 2011
Mitch asked:
Amount a condo or Homeowner's Association (HOA) can collect from
properties that have been foreclosed. In Florida, as an example,
statues 718 and 720 limit the amounts that can…
0 votes 0 Answers Share Flag
Mon Dec 27, 2010
Anna M Brocco answered:
For an accurate answer as it relates to your specific situation, do consult with an attorney who specializes in real estate, have all related documentation reviewed and see what options you may have--then go from there. ... more
1 vote 1 answer Share Flag
Mon Dec 13, 2010
Cindy Maclay asked:
Can you still purchase the property even thought someone else has already bid on it at auction? Will you know how much the orginal bid is? What is the process to do this?
0 votes 0 Answers Share Flag
Thu Nov 25, 2010
Scott Miller answered:
Hi H.

They can foreclose. Since they are not willing to take your payments, it looks like you're going to need an attorney to get in the middle to sort things out with them. HOAs are now more aggressive in foreclosing than the banks. They need money to run the daily operations of your neighborhood/development, but sometimes the way they go about getting people to pay is horrendous.

GOOD LUCK.

Scott Miller, Realty Associates, Boca Raton, FL
... more
0 votes 7 answers Share Flag
Wed Nov 24, 2010
M. King answered:
If the HOA placed a lein on the proerty before foreclosure - then the lein is still valid against the deed - it will prevent resale (in all but foreclosure & tax auction). If the HOA obtained a summary judgement against your grandmother - then they can make a claim against the sate that the administrator would be compelled to satisfy. ... more
0 votes 3 answers Share Flag
Wed Nov 24, 2010
M. King answered:
As the president of an HOA and a broker my answer is: the HOA can do whatever is specified in the Covenants, Bylaws and Restrictions. In the case of the more modern ~ typical Covenants, Bylaws and Restrictions, they can place a lein against and the home (which would have to be satisfied by closing in order to close) and or take a homeowner to court and get a judgment. ... more
0 votes 6 answers Share Flag
Mon Oct 4, 2010
Lee Taylor answered:
Do not withold payment - sell the property if you must. Moreover, seek legal protection if you must.

Desari offers good advice - a lawsuit can sometimes have merit, but the Catch 22 as a vested owner is apparent.

What community you are in?

Depending on your community, things may not be as bad as you think - know your numbers - be an advocate - accentuate the positive.

However, if the odds are insurmountable and you can not sell for some reason, then time may be the only thing on your side.
... more
0 votes 2 answers Share Flag
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