Wells Fargo Paid 2 Years of Our Past HOA Dues

[phsunny]

Hi Gang,
I wanted to get some opinions on our court case that goes to trial tomorrow after 8 months of continuances.

If you read my previous posts you know that we filed Chapter 7 in 2009, stopped paying the mortgage and hoa fees in 2010, and moved out of our home in May of 2011. Our Subdivision Trustees took us to small claims court for the dues owed, as well as a "special assessment" for street repair. Okay, so $400 per year for 3 years of dues (June 2010- May 2011, June 2011-May 2012, June 2012-May 2013) We were only in the home for one of those years - this info becomes pertinent in a bit, so that's $1200, plus the special assessment of $1500 for repairs done in August 2011, a full 2 months after we were locked out of our home.

NOW.....here is where it gets interesting.....last week the Trustees offered to accept a "settlement" from us of $1200 - they approached US, which is definately suspect since we have been trying to settle this entire time! They stated the reason being that Wells Fargo had paid the dues on the home (foreclosed in August '12) for 2 years, 2011-2012 & 2012-2013. We are planning to argue that if Wells Fargo paid the home owner fees for that time period, then they are the ones that should be pursued for the street fees, because by paying the fees they have "assumed" responsibility for the property during that time frame. I was wondering what you all might think about that? I think if nothing else....it has muddied the waters of property responsibility which I am very thankful for! We are wondering whether Wells Fargo paying for more than one year actually hurt the Trustees case against us?

Any thoughts or comments would be appreciated.

[tobee43]

i think this is really going to depend on how your contract with your HOA reads...as it will also at times have special assessments which are due on the date rendered. my understanding is homeowner's property for unpaid assessments and other fees, such as you mentioned. we all know most HOAs contain provisions making any HOA lien subordinate. so i don't really know if you have a "good" agrument about not having to pay the assessments. again, it will depend on how your agreement with the HOA reads.

hopefully someone else will chime in if they know about accessment fees.

[drowning123]

Maybe Wells caught wind that the HOA was planning on placing a lien against the property?

[bcohen]

Of course the HOA's attorney wants to settle--they know they're on shaky legal ground! If Wells Fargo hired a foreclosure management company to watch over the property, and changed the locks--thus denying you access--then they took possession of the property. When WF foreclosed, they paid the HOA dues and arrearages because they had to in order to pass clear title. I would raise the argument that you are not responsible for the alleged debt, because you did not in fact have possessory interest in the property at the time the special assessment took place--Wells Fargo Bank had taken control of the property.