Oh I hate my condo association!

[tmoschetto]

My bankruptcy was discharged last May. April 2010 was the last mortgage payment I made. Although staying and paying on the mortgage was tempting to be able to save some $, I decided to go with a long-term rental at a complex around the corner -- twice as big for the same as I had been paying on my mortgage...plus no having to pay to have repairs made.

All has been quiet up to the middle of July where I saw an Assignment of Mortgage recorded in Sarasota County's online records. I was happy to see that and figured Wells Fargo was getting their ducks in a row to start foreclosure.

I've still been paying my condo assoc. dues to the tune of $575 but have let the property taxes go into arrears.

So I get an email from the condo assoc. president last Friday that a notice had been posted on my front door to the effect that the premises were deemed to have been vacated and that this has been reported to the mortgage servicer. The notice continues that the premises had been secured and that the mortgage servicer intends to protect this property from waste and or deterioration. The date that was posted was November 1st.

When I moved, I did leave behind quite a few items -- a microwave, iron and ironing board, misc. stuff that I didn't need. I cleaned out the fridge and disposed of any food, etc., turned off the water and electric and moved.

Now the Condo Association is saying that since I am still owner of record, once they saw the notice on the door, they peeked inside the windows and saw papers and misc. items. They are threatening to gain access, clean the place, and send the bill to me if I don't take care of it. The locks of have been changed, so I have no way to access the premises even if I wanted to.

I'm more afraid of the mold and mildew that has probably taken over since this is Florida and the power has been off with no A/C since early 2010.

From reading the notice posted on the door, isn't the mortgage company saying they are taking responsibility for the condition of the unit? The Condo Nazis are really threatening me, and at this point I don't know what to do.

Anyone's situation even come close to this mess? I was so excited when I first read the notice because once again it seemed like we were inching toward finally having some closure. But now it seems like this is going to lead to one big mess between the condo assoc. and me.

[AngelinaCatHub]

My bankruptcy was discharged last May. April 2010 was the last mortgage payment I made. Although staying and paying on the mortgage was tempting to be able to save some $, I decided to go with a long-term rental at a complex around the corner -- twice as big for the same as I had been paying on my mortgage...plus no having to pay to have repairs made.

All has been quiet up to the middle of July where I saw an Assignment of Mortgage recorded in Sarasota County's online records. I was happy to see that and figured Wells Fargo was getting their ducks in a row to start foreclosure.

I've still been paying my condo assoc. dues to the tune of $575 but have let the property taxes go into arrears. WRONG practice. You should have quit when leaving. Your continued payment implied ownership and you lost it.

So I get an email from the condo assoc. president last Friday that a notice had been posted on my front door to the effect that the premises were deemed to have been vacated and that this has been reported to the mortgage servicer. The notice continues that the premises had been secured and that the mortgage servicer intends to protect this property from waste and or deterioration. The date that was posted was November 1st. IF they break in, that is not your issue. They break the law. The house was secured by the mortgage holder. If they break in, they are violating the law by the mortgage holder, not you. Ignore any bill.

When I moved, I did leave behind quite a few items -- a microwave, iron and ironing board, misc. stuff that I didn't need. I cleaned out the fridge and disposed of any food, etc., turned off the water and electric and moved. You best forfeit all you left. If you attempt to claim them, then you assume ownership and responsibility.

Now the Condo Association is saying that since I am still owner of record, once they saw the notice on the door, they peeked inside the windows and saw papers and misc. items. They are threatening to gain access, clean the place, and send the bill to me if I don't take care of it. The locks of have been changed, so I have no way to access the premises even if I wanted to. See above and attempt no conversation with them. You are "out of it" once that notice appeared as well as when you left. The more you do, the deeper you will get.

I'm more afraid of the mold and mildew that has probably taken over since this is Florida and the power has been off with no A/C since early 2010. NOT your problem.

From reading the notice posted on the door, isn't the mortgage company saying they are taking responsibility for the condition of the unit? The Condo Nazis are really threatening me, and at this point I don't know what to do. Do nothing. Your best bet now is wait until they attempt a suit, if they do. Any correspondence, simply send a copy of their letter back with a copy of your discharge. DON'T over talk.

Anyone's situation even come close to this mess? I was so excited when I first read the notice because once again it seemed like we were inching toward finally having some closure. But now it seems like this is going to lead to one big mess between the condo assoc. and me. Not necessarily. Just wait. Don't worry, be happy.

Best of luck to you. They are simply rattling your cage. 'Hub

[justbroke]

This is a tough position to be in. Personally, I'd let the bank and condo association duke it out. Please know that you'd need to read your HOA Rider to see just what is in the bylaws and rules of the association. It may grant them the absolute right to enter, secure, maintain, and clean a property at the owner's cost.

[tmoschetto]

Thanks 'Hub!!

[tmoschetto]

This is a tough position to be in. Personally, I'd let the bank and condo association duke it out. Please know that you'd need to read your HOA Rider to see just what is in the bylaws and rules of the association. It may grant them the absolute right to enter, secure, maintain, and clean a property at the owner's cost.

Hi JB...long time since I've had to pick your brain! I've been digging through files trying to find the actual condo docs I got at closing back in 2004. I believe the assoc. does have the right to do whatever they want to -- I just feel that since the locks have been changed, I don't have the opportunity to try to mitigate anything because now a 3rd party (the mgtg. co) is involved. When I got the first email from the condo president, I provided him with the attorney in Tampa who Wells Fargo has turned my file over to. When I was notified by mail that they had done so, I called the attorney to have a note placed in my file that this foreclosure would most certainly be uncontested. Just want it over with at this point! Thanks to you and 'Hub for responding so quickly. I'll update again when the next contact comes from the condo assoc. They are relentless on pretty much everything, so I'm sure this is going to be quite the production.

[AngelinaCatHub]

Hi JB...long time since I've had to pick your brain! I've been digging through files trying to find the actual condo docs I got at closing back in 2004. I believe the assoc. does have the right to do whatever they want to -- I just feel that since the locks have been changed, I don't have the opportunity to try to mitigate anything because now a 3rd party (the mgtg. co) is involved. When I got the first email from the condo president, I provided him with the attorney in Tampa who Wells Fargo has turned my file over to. When I was notified by mail that they had done so, I called the attorney to have a note placed in my file that this foreclosure would most certainly be uncontested. Just want it over with at this point! Thanks to you and 'Hub for responding so quickly. I'll update again when the next contact comes from the condo assoc. They are relentless on pretty much everything, so I'm sure this is going to be quite the production.

I do not dispute with JB as he is far above me in these matters. We were flat ignorant and learned much from my friend, JB.

Here is what I perceive. Once the mortgage company changed locks, legally they accepted possession. The HOA does NOT own the house. Only that entry for some safety situation could they legally open the lock. Your biggest mistake was to pay on, on the maintenance. Also under no circumstances take a thing out of that place. Even if given permission as it could be used against you.

As JB said, at this time, let the HOA and the mortgage company fight it out. Act only in the event that you get legal action against you. You have one large weapon, your BK.

Thank you JB for aiding my progeny. LOL. 'Hub

[tmoschetto]

Just got a bill from the condo association in today's mail = locksmith to break the lock that Wells Fargo installed and a cleaning service to remove some leftover trash (papers, etc.) and clean the unit = $998.97.

Shouldn't they have to furnish me a key since as they reminded me when Wells posted the property as vacant that TECHNICALLY I'm still the owner of record?

The association just informed us also that we have a special assessment of $1200 due on Feb. 1st for pressure washing and painting all the units.

Shouldn't Wells Fargo be paying this? That's sort of a rhetorical question since I know they can drag their foreclosure feet for the next 5 years if they want to, and I'm still stuck paying $575 monthly dues as well as any surprise special assessments (likely to be many apparently).

Does anyone have experience with Wells Fargo's cash for keys? (not that I have a key to my limbo unit, but they could go through our association's management company to be let in to do a walk-thru.

I just hate that I still own it, but I can't even get into it now at this point.

[justbroke]

Technically, you are responsible since it is still in your name. This is just how it works. Upon foreclosure, the lender is responsible for up to 1% of the value or 12 months of HOA assessments... whichever is more.

Of course, YOU could break in and have the locks changed again. A vicious cycle of who is going to outdo the other. In any event, I don't know why a condo association would enter a place to clean it! I guess if it's "clearly" visible from the front door/windows that the place is "trashed", it may be plausible. However, I don't think they provided an adequate reason to break-in and change the locks.

I can't tell you what the end will look like, but if I were the Condo Association, I'd foreclose and see if the bank moves. If the bank doesn't move to protect its interests, the place may sell for pennies on the dollar. It's a shame, really, that you are in the middle.

[flaguy]

what happens if you don't pay a COA bill? they lien the unit, sounds like a tittle issue the bank will have to deal with

justbroke: I have been around a number of condo proejcts with forclosures and most of the time the bank just cuts a check for whatever the tittle company says is outstanding and they never even blink.........I know what the law is but the Banks don't care about the dollar amount they just want things to go away quietly, b/c either way they plan on sticking it to the owner and the bigger the dollar amount the larger the tax loss for them or the more pennies they get when they sell off the judgment to a collector to pursue in a few years........I really hate banks and we used to be best friends

[tmoschetto]

Our particular condo association files a judgment against the owner first -- including the original unpaid assessment plus late fees, plus interest, plus attorneys fees. Ugh! I wish they'd foreclose on the unit. I'm sure that would get Wells Fargo's attention.

[flaguy]

they can't file for a judgement first.......that would mean sueing you in small claims court and winning........how do they get a judgement?

[flaguy]

oh and all big banks Well Fargo, BOA, Chase etc never move fast in condos, especially if they have more than financed in the same project, they try to never have more than one or two as REO at a time so be prepared for a long wait 2-3 years

[nohoneymoney]

Something to consider. Pay the fees to the HOA and move back into the condo and continue to not pay the mortgage and only pay the HOA fees. No rent and no mortgage. You could save a lot of money that could be used to purchase another house/condo later.

[tmoschetto]

Happy New Year to me!!! Wells Fargo's attorney filed the lis pendens Dec. 29th. I went over to the condo the next day and put a note on the door with my cell number to make it easy for the process server to find me.

Oh I wish they'd hurry up! I have a $1500 special assessment coming due on March 1st for redoing the stucco and painting the exterior of all the villas. I haven't paid the cleaning bill they stuck me with yet, and so far no noise from the association.

It sure would be nice to finally be out from under the monthly condo dues and these surprise special assessments the Board seems to dream up every couple of months.

[Freddy03]

Happy New Year to me!!! Wells Fargo's attorney filed the lis pendens Dec. 29th. I went over to the condo the next day and put a note on the door with my cell number to make it easy for the process server to find me.

Oh I wish they'd hurry up! I have a $1500 special assessment coming due on March 1st for redoing the stucco and painting the exterior of all the villas. I haven't paid the cleaning bill they stuck me with yet, and so far no noise from the association.

It sure would be nice to finally be out from under the monthly condo dues and these surprise special assessments the Board seems to dream up every couple of months.

I have been tracking WF and FC timeline for Florida and I've come up with after LP is filed it's about 10 months before there is a sale date. This is if you don't fight the FC.