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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37010
Experience:  30 years in civil, probate, real estate, elder law
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Ray, I am in a it of a situation..Because of a rough financially

Customer Question

Hello Ray, I am in a it of a situation..
Because of a rough financially patch I became late in 3 quarterly payments of my association fees, totaling $1200. The association after the 1st missed payment hired an attorney to collect the debt.
After I hit my 3rd missed payment they were trying to collect the $1200 + $800 in attorney charges.
I asked for a reduction in the attorney charges twice, and all I got was a $75 reduction fee, we were getting back on our feet, but couldn't afford the $2,000 bill.
The law firm filed a foreclosure, and they are trying to get $1200 ( association fees) + $3300 in attorney fees.
They never informed us about the filing process and what was to expect regarding fees, had we known it before I would have paid them the $800 they were charging ( in installments) before the foreclosure filing. What should I do? Can I sue them for lack of information, or refute their outrageous fees?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome back to JA. Ray here to help you today. I am going to have to give you some hard answers here.I am so sorry that you are having to go through this. Unless you can pay this off prior to the sale Florida has no right of redemption. I don't agree with the ruling but nonetheless it guted any chance folks like yourself have at redemption. Here is the actual case that is referenced.http://www.donnagentle.com/index.cfm/pageid/12/fuseaction/blog.ShowComments/articleId/20111021081956/There-is-no-Right-of-Redemption-In-Florida!.html I would try to borrow the funds and negotiate a little more.Realistically since this case came out here in Florida there's not much you can do but pay it off prior to foreclosure.If you can borrow the funds to save it by all means do so. I hate giving folks bad news.I take no pleasure in it.But I know that you want the truth even if it isn't good news.Again if the sale here hasn't taken place if you can borrow the funds from the bank or elsewhere thats the only way to save the property. I understand how frustrating this is for you and again this is the part I hate.But you asked for me and I felt obliged to be honest here.Florida law and the courts decision is totally one sided and unfair.Hopefully the legislature will agree someday and change it again. I appreciate the chance to provide you reference, again please don't shoot the messenger. Thanks again.
Expert:  Ray replied 1 year ago.
Here are your exemptions in bankruptcy..
http://www.nolo.com/legal-encyclopedia/florida-bankruptcy-exemptions-property-assets-bankruptcy.html
How to file pro se Chapter 13 if you have too.
http://www.legalconsumer.com/bankruptcy/filing/state.php?st=FL
Thanks again.
Expert:  Miel-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/law/966fh-ray-situation-because-rough-financially-patch-became-la.html). Thank you, ***** ***** Customer Support Team.
Customer: replied 1 year ago.
I am not going to dispute the late payments, I would like to dispute their attorney fees, which are unreasonable,
Please find the copy of their statement here.
They also want to charge another $500 in case I want to pay the sum in installments, is that lawful?they are bottom feeders, and I want to file a complain against their practice, they never told us that they would file a foreclosure, and never bothered in making us aware of the charges such filing would bring us.Please advice
Expert:  Ray replied 1 year ago.
You can file a complaint here against them and their license..

http://www.floridabar.org/TFB/TFBResources.nsf/0/AB230E7DCCC3B75385256B29004BD6DC/$FILE/Inquiry%20Complaint%20Form.pdf

If they get a judgment on you here after foreclosure and you have other debts as well say medical Chapter 7 might allow you to wipe the slate here and start over.

Thanks again I wish you the best in all of this.It will be ok there is life after foreclosure and Chapter 7 for that matter.
Customer: replied 1 year ago.
Thanks,I appreciate the honesty.
Have a great 4th of july.
Expert:  Ray replied 1 year ago.
You too I appreciate the chance to help you again
Expert:  Ray replied 1 year ago.
If you can leave a positive rating it is always much appreciated, take care.