This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
I understand you say they do not have a right to foreclose for this reason. However, if they choose to proceed based on this basis, doesn't foreclosing on the claim of lien mean they are trying to take my home for payment of this supposed debt?
You also state I should take this to a local court. What exactly does that mean? How would that be possible to accomplish in the ten days they have given me to pay in full?
Foreclosing on the lien does mean that they will sell it for their fees. You want to challenge the fees they are claiming but if you do nothing they will start a foreclosure proceeding based on their lien.
To take it to a local court, I go to the county courthouse and say I want a what .....?
Do I need paperwork to support this at that moment? If yes, what types of things?
You need to file a complaint. If you go to the county court they should have a library. Ask the librarian for a pleading form book. Look for a declaratory judgment complaint. What you are asking the court for is to declare what you think you owe the HOA and that what they are charging is wrong. You explain what you want in your own words. You will also need a summons which you will get from the clerk once you file the complaint so you can serve the summons and complaint in the HOA.
Yes it does because the basis of any foreclosure, which is the underlying debt is disputed. Be sure to pick a low enough debt number so that you can say in the complaint that you are prepared to pay immediately the amount you consider due.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).