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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46555
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My husband and I have just had a lien put on our property in

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My husband and I have just had a lien put on our property in Phoenix, AZ by our HOA. They are also going to sue us if they don’t receive the $3104 we owe in 10 days. They are correct in that we owe the money. However, we are unable to pay. Our townhouse is being foreclosed on and will be auctioned off June 18th .
We left Phoenix in 2010 in order to seek health care in Oregon for our severely disabled son who lost his benefits in AZ during the Great Recession. We intended to return to AZ as I had a job and we had a townhouse, but were unable to as we needed to care for our son in Oregon until he got housing.
He needs 24/7 care and cannot be left alone. He got health care right away, but housing took longer. Housing in a group home did not work due to his autism. He now rents his own duplex (I am his account payee) and we live next door to help him and the staff who work with him.
We paid on our townhouse until June of 2012. At that point, all our savings ran out. We decided to let it go into foreclosure as we want to live by our son.
My husband and I only have Social Security to live on. Plus, several years before we left Phoenix, our roof caved in on our townhouse. It was the HOA’s job to keep the roof up but they were not able to do so. They asked us buy our own roof and when fees were assessed for new roofs, we would not have to pay them. We did this as we felt we had no alternative. We paid approximately $3600 for a roof in 2008. We did not sue the HOA for not fixing our roof. I no longer have all of these records, but probably could duplicate most of them if given enough time.
What should we do now? Can we ignore the lawsuit as we no longer live in AZ and they are putting a lien on the house so they will recover their money anyway? We have no wages to garnish and only Social Security to live on. There is nothing else in the bank.
Thank you - Dottie
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Yes, you can simply ignore the lawsuit. Since you owe the money, whether or not you show up makes no difference, the result will be the same. And, even though they may have a judgment against you, you have nothing they can touch. Your SS income is totally exempt and cannot be touched either when you receive it or after receipt if its in your bank. Thus, there is no sense in taking the time and expense of appearing at any hearing.



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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46555
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 8 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Expert:  Richard replied 1 year ago.
Thank you also for the generous bonus! I appreciate your kindness!

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