ARRRGGGGH useless attorney!!!

[BKcrazy]

OH GEEZ! SORRY THIS SHOULD HAVE GONE IN THE AFTER THE DISCHARGE SECTION, IT'S LATE, I'M TIRED, AND TRYING NOT TO RIP MY HAIR OUT, MOVE IT TO THE RIGHT SECTION IF IT NEEDS TO BE MOVED, SORRY!!!

Ok, all my BK has come and gone. I'm no longer in AZ.
I got a letter over the weekend from the HOA's attorney about post-petition fees owed to them. My attorney had told me before to not worry about this. Well, I faxed him a letter along with their letter.

The letter listed $211.84 that I owed in past due payments, fees, late fees, and attorney fees. But, the fees were $200 per month. So, I want this settled quickly. My attorney said he was not going to contact the HOA. And told me you aren't in the state anymore. So what, they know where I am and I really don't want to have a lawsuit filed against me. He then said, well send them $211.84 and be done with it. I don't have a problem doing that, though I'm afraid they made a mistake. There is nothing in that letter that says, the total final amount that you owe is....$XXXX.XX... My attorney is being not helpful at all with this.

Any suggestions, did anyone else have this situation or similiar?

Thanks!

[HHM]

I understand the frustration, but dealing with post petition debts really is beyond your attorney's scope of representation.

[BKcrazy]

I understand the frustration, but dealing with post petition debts really is beyond your attorney's scope of representation.

Well, what is irritating is I asked questions about this specific situation with him during the process so I would know what to expect. All I got was a don't worry about it. Which is fine for other things, but if he didn't know then, he could have said he wasn't sure and at least helped me find an answer.

[justbroke]

Write them a check for $211.84 and put in the MEMO section "2008 PAID IN FULL". You are in fact responsible for post-petition HOA fees, no matter what your lawyer says... until the time the property is sold or otherwise transferred to someone else.

Include a copy of the original letter, and draft your own letter in response stating that this is final payment for the attached HOA Fees. Mention that you consider the matter closed.

That should be that!

(Perhaps the Bank paid some of the fees and the HOA felt that you owed only for one month...)

[BKcrazy]

Write them a check for $211.84 and put in the MEMO section "2008 PAID IN FULL". You are in fact responsible for post-petition HOA fees, no matter what your lawyer says... until the time the property is sold or otherwise transferred to someone else.

Yes, I was aware of that. It's the part of how to best handle it now. I had thought about writing them a check and sending it certified return receipt, but I don't want to give them instant access to my checking account number. I believe you can track a money order when it's cashed.

[HHM]

Well, call them up and find out if there is any additional debt beside this amount.

[BKcrazy]

Well, call them up and find out if there is any additional debt beside this amount.

I thought about doing that, but to tell you the truth, I'm scared to do it.

[justbroke]

They key is... get it behind you. Go into the post office and pay for a money order in cash, if you're worried.

Just get it over and behind you. It may only be the $211.84. The sooner you get it done... the less fees, pestering, and escalation.

[Cali]

I don't understand the being scared part, if you truly want to be done with it call them.

I thought about doing that, but to tell you the truth, I'm scared to do it.

[ssdsco]

Sounds like a good reason to have the foreclosure complete before BK.

[BKcrazy]

Sounds like a good reason to have the foreclosure complete before BK.

Not really, the foreclosure was during.

Before would mean two bad hits, not just one.

[BKcrazy]

OK, so I just got a letter from the HOAs attorney, they cashed the money order which I had added a restrictive endorsement to-final payment, paid in full. I also submitted a letter stating that the money order was enclosed stating that is was for the total amount due per letter. They sent me a ledger saying that I owe another $1500 and have 14 days to pay or make payment arrangements. They stated they made an error in the first letter. Since they have cashed the money order...I'm wondering if I have any recourse on this now? They have technically accepted a compromise.

[justbroke]

OK, so I just got a letter from the HOAs attorney, they cashed the money order which I had added a restrictive endorsement to-final payment, paid in full. I also submitted a letter stating that the money order was enclosed stating that is was for the total amount due per letter. They sent me a ledger saying that I owe another $1500 and have 14 days to pay or make payment arrangements. They stated they made an error in the first letter. Since they have cashed the money order...I'm wondering if I have any recourse on this now? They have technically accepted a compromise.

you owe $1,500!!! Wow! Talk about Bait and Switch!!!

Anyhow, you should test your restrictive endorsement I assume that you put the "Final Payment" in the endorsement area and not in the memo area? I also assume you have copies of the money order? Also, you need to make sure that restricted endorsements are legal on checks in your State. (If they are not, you don't have a leg to stand on.)

So assume that you checked and these endorsements are ok in your State. Send the HOA a COPY (not the original receipt) of the money order showing the restricted endorsement. Also send a copy of the original letter as a COPY (attachment). Draft another letter stating that the check was for final payment and the letter indicated as such.

Had they sent the check back with the letter demanding an additional $1,500 you would be interested in learning how they made the mistake and how the calculation of the debt was done. However, you sent in a final payment, indicating as such in your letter. That the money order which you sent in contained a restricted endorsement as a final payment. And, that since they have cashed that check, and not returned it, they accepted it as final payment.

End the letter with saying something like "I consider this matter closed."

That's all I can think of.

[BKcrazy]

I spoke to one of the partners in my attorney's office today. And regardless of "restrictive endorsement", they can charge me. I faxed him the copy of the money order and the letter I had sent. He said that they had gone through litigation for post petition fees in Arizona for another client, and they lost. My attorney and his partner felt that the code was not clear and ridiculous because it really goes against having a fresh start. I know what the fees were per month, but when I started going through all this, they said don't pay them anything. He did suggest calling and seeing if they would maybe negotiate a settlement rather than the total amount. Not like I have it. What is the point of a fresh start with this garbage...UGH
An amusing note---my mom did some research and found that I could sue the HOA for not placing a lien on my property, per the CC&Rs, they should have done so as soon as I was two months late...

[justbroke]

(Picking up bottom jaw from floor....) Wow!

Well, that BAPCPA of 2005 added those ridiculous HOA "condo association" fees sections. You can thank Congress, including those two Senators running for President, for this!

Most Banks that take possession of property, usually just pay all the fees and taxes due upon re-possession. i would make sure that it wasn't paid by the Bank.

Other than that... I like the route to perhaps negotiate.