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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 24935
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I'v to file a foreclosure response by 7/31 to my H

Customer Question

Hello , I'v to file a foreclosure response by 7/31 to my HOA.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Why are they seeking to foreclose?
Customer: replied 1 year ago.
They claimed that I was passed due on my homeowners fees back in 2009
Customer: replied 1 year ago.
When I purchased the home I wasn't aware that it had pass due fees on the property that wasn't paid, so when I was asked to pay the back fees I refuse because I believed that it wasn't mine to pay.
Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. When you first bought the home, there should have been language in the contract which required the previous owner to cure any arrears, fines, penalties, etc. related to the property, so it would not pass to you in this case. If there was language to protect you and this was never done, then you could go after the sue the previous owner for the cost in curing this. Now, if these are your responsibility, then you would need to pay them. While I 100% agree and understand that these were there prior to you buying the home, if you did proceed and take title, they likely would pass to you now, as the current owner. Now, if you were served, you do need to file a response or answer and respond to the allegations and raise any legal defenses which you may have. If you fail to do so, then you can be defaulted and they will get a judgment. As such, if this is not something you are responsible for, you could use that as a defense. However, their complaint should state why you are, so you want to look over the HOA documents and any other law they cite, to see if that is accurate. You may also need to bring in the previous owner, if he should have taken care of these and never did.
Customer: replied 1 year ago.
So what do you recommend my answers to the HOA lawyers should be. I know now that I have to pay them or lose my home. I am not sure how to address this to the court, and the HOA lawyers.
Expert:  LegalKnowledge replied 1 year ago.
You need to either admit, deny or state you are without knowledge, to the allegations in the complaint. If you know you have to pay and will owe the money, then you may not have any defenses and should try and pay it now, so additional attorney fees are not incurred. If you can settle this, then they will dismiss the case and you will not lose your home. If you want to fight this, then you need to retain an attorney at this point, if you can not handle and defend this on your own.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!