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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87058
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I lost a condo to Foreclosure - it sat empty. I had the property

Resolved Question:

I lost a condo to Foreclosure - it sat empty. I had the property short sold with the approval of the bank. The bank had an investor offer them cash so the bank canceled the short sale. Then the investor did not buy the property so it went into forclosure.
Anyway my question:
The HOA and myself made an agreement for the back HOA dues. First they told me to give them a proposal, I did they said yes first then changed their mind. The total they want me to pay is $2330. I made payments every month never missed a month. Last month was my last payment. HOA sent me a statement with a zero balance but have another bill for me they want me to pay another $724.00. I ask why and they said they found some more fees/dues Special assessments. I really need your help I do not want to keep paying them - I already paid in full.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

In this case, what someone in your situation may wish to do is to send a letter to them which essentially threats to file suit unless they drop their demand. Of course, this is more of a 'puff,' but it may help to have them back off and believe that this matter is really not worth the possibility to litigate.

Example of letter below:

To Whom It May Concern:

This correspondence is in regards XXXXX XXXXX latest bill for $_____.

The demand for payment for this bill is rejected. Please note that I have already paid off all my debt, and have received from you a copy of ZERO BALANCE statement which reflects said payoff.

At this point, I view this zero statement as proof of full payment. Should you continue to seek additional payment for frivolous reasons, I will have no choice but to file a declaratory judgment action under ARS 12-1831 et seq to have the Court determine that no debt is owed.

If so, then legal and attorney fees would also be requested in the judgment.

I now consider this matter closed. Any more communication from you in regards XXXXX XXXXX matter shall have me consider filing for relief.

Sincerely,

Signature

Name
.

Declaratory judgment is a complaint to the Court wherein the Court decides the rights/duties in an uncertain situation, such as this one.

Very often, the other party will simply write off the matter and forget about it, rather than risking a prolonged litigation.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

That sounds good however I have another question. The HOA put a Judgement against me (I paid in full) - I have a zero balance statement. I don't understand why they say I have to prove to them why I do not own for this new assessment they found and they are charging me for???? They know that I have to do what they want before they will remove the Judgement. They have to file a Satisfaction of Judgement. Is Filing a motion the same as Declaratory Judgement

Expert:  Ely replied 1 year ago.
Friend,

Thank you for your follow up.

That sounds good however I have another question.

By all means.

The HOA put a Judgement against me (I paid in full) - I have a zero balance statement. I don't understand why they say I have to prove to them why I do not own for this new assessment they found and they are charging me for????

You do not. At this point, rather, it is their word against yours. They are trying to get you to pay as much as possible, and have justified their 'additional' amount by a flimsy excuse. The letter above should help to take care of that.

They know that I have to do what they want before they will remove the Judgement. They have to file a Satisfaction of Judgement. Is Filing a motion the same as Declaratory Judgement

No a default judgment is during the original litigation - it does not apply here.

Actually, not always. They do not "lord" over you with the threat of Satisfaction of Judgment. If you feel you have paid, and they are still refusing the Satisfaction of Judgment, one may file in Court one's self to have the Court deem the judgment paid off even if the creditor denies it, and if you can show that it was paid off (the original letter that states it), and if the Judge is convinced, then, the judgment is seen as satisfied.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87058
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 8 other Real Estate Law Specialists are ready to help you

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