Help summons!

[BKcrazy]

I had made an agreement with the HOA's attorney (condo loans and pre-filing assessments discharged) to pay monthly. They never told that they were going to be filing any paperwork in court. They sent me a bunch of paperwork to sign and that had to be to them by this weekend with a payment. I got a letter to them this past week that I didn't agree to anything and was able to get the complete amount that they wanted, but I needed a signed release first because I don't trust them at all, this is the second time they have asked for more money. The court they filed at is not close for me to get to at all, and I would just rather hand over the money so they leave me alone. Not sure what the chances are that they would accept now that they have filed. They have lied to me more than once. I also got a copy of the letter that went to attorney to the court as well, saying I want to just get this over with...Any suggestions?

[AngelinaCatHub]

They cannot kick you out of your house, only put a lien on it. Tell them to move it where no light is seen. 'Hub

[BKcrazy]

I'm not worried about the place, I've been gone from it for a long time, and my bk has been discharged . I just don't want a judgment against me.

[StartingOver08]

I don't know what state you are in - here in Fl they usually put the lien against the property for unpaid HOA fees or condo fees.


Did they say they were putting a lien against the property or getting a judgement against you?

[BKcrazy]

I don't know what state you are in - here in Fl they usually put the lien against the property for unpaid HOA fees or condo fees.


Did they say they were putting a lien against the property or getting a judgement against you?

They can get me for post-bk monthly fees. I don't own the property anymore. I don't own anything at all actually, not even a car. They were going to try to get a judgment against me and in the paperwork that I got, there was a stipulation to judgment. I didn't sign any of it, since it was nothing that I agreed to. And I could be on the hook for post-judgment attorney fees. Screw that. Since I have to total amount they wanted in the first place, I'd rather just be done with this. I just want proof this is the end of it before I give them the money.

[StartingOver08]

I agree with you. Don't sign anything with a stipulation in it. Since you have the funds call your BK attorney (if you had one) to see if there is an agreement that can be worked out without the stip. I'm thinking more in line with a receipt of funds and full release of you since you surrendered the property and its owned by the bank now. If the HOA attorney will do that - fine, then you can save yourself some fees.

[BKcrazy]

Yeah, I left that state my place was in over a year ago. The letters from this attorney started over the summer. I'm not sure my bk attorney will even do anything, they told me I'd have to pay. I may try to get them on the phone tomorrow to see if they will just call them and tell them to take the money and kiss off.

[StartingOver08]

The only reason I say you need some sort of release is you don't want this debt coming back years later and not have proof (third party proof) that it was paid. Since the property has been foreclosed upon there should be a fixed amount due from the time of the BK filing (or your last payment) to the date of the final judgement by the bank.

If the HOA/Condo attorney can't be trusted - you can get one to represent your interest for just this payment and it really should be reasonable if your Bk attorney won't do it. A real estate attorney can handle it too. Or a NACA attorney.

[BKcrazy]

The only reason I say you need some sort of release is you don't want this debt coming back years later and not have proof (third party proof) that it was paid. Since the property has been foreclosed upon there should be a fixed amount due from the time of the BK filing (or your last payment) to the date of the final judgement by the bank.

If the HOA/Condo attorney can't be trusted - you can get one to represent your interest for just this payment and it really should be reasonable if your Bk attorney won't do it. A real estate attorney can handle it too. Or a NACA attorney.

Ah, thank you. I will have to find one here then, I just didn't know which type of attorney would best help me, I was stuck looking at debt attorneys. I'm going to contact my bk attorney.

[AngelinaCatHub]

BKcraz, you seem to want to pay this so bad. Please, you lost the house in bk, this is attached to the house not to you. When you left the place were you current? Anything after that is dead meat. PLEASE do not allow a bully to win. This is what crooked attorneys are looking for, the fear factor of a good person who has had enough. You will be throwing YOUR money away to a crook. Stand your ground. You got through all this, don’t let them intimidate you. In my opinion, if it were $500 I would spend $1000, not to pay them. Only my opinion. ‘Hub

[BigJohn]

BKCrazy, you got to go out and buy a few monkey wrenches.

[BKcrazy]

Ah, monkey wrenches...And a few trunk moneys too would work well...

I was not current on fees before filing and paid nothing after filing. We have been arguing back and forth on this issue since the summer. I did some research on their attorney, and she may have won some cases before, however, the HOAs never seem to get much money. She is lower than an ambulance chaser. The HOA president was willing to work with me on this, and she seems to do what she wants. I'm hoping my BK attorney will get involved.

[Ifonly]

I would like to think that the fees are similar to property taxes. If you don't own the property, the debt stays with it, not YOU personally. Definitely check with your BK lawyer.

[BKcrazy]

I would like to think that the fees are similar to property taxes. If you don't own the property, the debt stays with it, not YOU personally. Definitely check with your BK lawyer.

Well the laws are vague, and my bk attorney lost in court on something like this. In that state I was in, they can get you for post-filing monthly fees until it is out of your name. He has emailed me back and wants a $300 retainer. I have done a lot of work myself. Just not sure if this is a lot to end it or not...

[StartingOver08]

Sounds like a lot because he is just talking about a retainer - talk to a real estate attorney - after all this is post petition debt. How much is the total due?