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skelly151, Lawyer
Category: Legal
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Experience:  Litigation specialist, Probate and Estate law, Collection law, contract disputes, builder issues
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I am a 70 year old Homeowner... I have had some very serious

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I am a 70 year old Homeowner... I have had some very serious Financial set backs over the last year. I was working, but have not worked since last January. Needlessly to say, my financial situation has deteriated drastically over the past year. I have depleted all of my savings and just have a small Pention and Social Security. It has been very hard to keep up with all my committments .

In the the last year, I got behind in my Home Owner's Association Dues... I have caught up but still owe some late charges and now Attorney's Fees... They are threatening to Foreclose on my Home, can they do this legally...? I have read the Statutes Re; "Home Owner's Associations", and it seems that Foreclosure can be a last option after fixing a Lean on my Property. They also have not as yet filed for a Lean. I am now paying the Monthly Fees as close to on time as possible. The only thing I owe are the Late Charges in the rears. My question is; Can my Homeowners Association Foreclose on my Property?
If it is in the bylaws by the homeowners association that they may foreclose they can. Here is their big dilemma, the amount is small it sounds like and the hit they will take on the value of the property does not help them in the end. Further, they have to pay off any loans that are in front of them on the property. HOA do not foreclose in my experience because they cannot really make back the money owed. They can threaten anything they like. They are not required to file a lien before foreclosing either. Do this call the attorney representing them because you have made good faith efforts in paying back the late charges and attorney fees. If you can borrow the lump sum, call the attorney and offer them 50cents on the dollar or 50% of the total amount due in one sum. They may well take this lump sum and forego this action against you.
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