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Roger
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Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I received a forcible entry & detainer summons for court for

Resolved Question:

I received a forcible entry & detainer summons for court for past due monthly association fees. I want to pay off the balance before court to settle. Is this allowable?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Real Estate litigation attorney. Thanks for your question.

A forcible entry and detainer action is usually filed by a landlord when a tenant will not vacate the property or after a foreclosure occurs and the former owner will not vacate. Thus, it's a little unusual in this instance for an action to be filed for unpaid association dues.

Nevertheless, all the association wants is the money owed, so if you offer that before the hearing date, then the association should accept that and the matter should be over. It is possible that the association would refuse payment, but it is HIGHLY unlikely as the judge is not going to order you out of your home if you are able and willing to pay the dues current.

Thus, if you pay the money, the association should accept and that should be the end of it.
Customer: replied 1 year ago.
This is relieving to hear. The total owed is $1600 and we plan to go directly to the law office to pay the total tomorrow. Our court date is in three weeks.
Expert:  Roger replied 1 year ago.
You may want to contact the attorney for the association to make sure of the exact total as there may be some interest or fees added to the balance. But, they certainly should be willing to accept the payment and dismiss the claim.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26098
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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