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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3366
Experience:  25 years of experience in general practice, real estate law and estate law.
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Hello I want to find a best solution for my problem. I have

Resolved Question:

Hello
I want to find a best solution for my problem.
I have been having problems paying my HOA assesments since 2009. I have always been making payments but never catch up because allthe fines and attorney charges they add to the account. So the account has been with the attorney as a collector since 2009 and the HOA has no had any contact with me or sent any statement since then.

I made a last payment february 2013 and if I add all payments i have made since 2009, i have paid $350 over what my principal dues total for the 5 years, i have paid $3550 and the principal add up to $3226 but collection fees and interests add an additional $1670.


On July the 25 the lawyer sends a certified letter that I owe $1670 and that i have 20 days to make a payment or they will initiate a foreclose procedings. at the end they give a name of a person to contact in charge of the account but also say that a call will not halt further legal action.

I started to call because i had the intention of resolving the account and just wanted an statement to know the charges.
I made 7 calls during august and was sent to a voice mail from the operator to the lady in charge, the message said that leave a name, address, hoa ad i would receive a call within 24 hours. They never called back. all I have is the telephone company recors that i made the calls.

On the 10th of september i made a last call and complained that no one called back and needed to resolve the matter. They gave me an email address and the same day i wrote a mail complaining on the no response. they answer the email saying that it was forwarded to the person in charge.

No one answer again, and I found out that the same day they had filed a suit to collect the the money and and additional attorney fees of $1600 were added.

I dont feel this is rigth and feel the attorneys were negligent answering my calls and scammed into a lawsuit to collect additional fees.

I wrote a mail to the lawyer in charge yesterday mentioning that i was diligent in trying resolving this issue bu never got a call back and asked to review the fees.
He answered that they would drop $500 dollars if I paid by friday.

My question is.

Should I try not to pay this attorney fees and figth them? or just pay the $1100 in fees and forget about it.

If I decide to figth this fees could I just send the amount to cover the HOA fees that are on the lien and since the 2011 modifications on texas hoa rules they would have to apply this moneys to the principal. and be covered from a foreclosure? Do they have to take the payment? if yes how would it be the best way to make sure they take it.

Thanks for your answer.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

I understand your frustrations. The attorneys for the HOA do nothing to assist you and keep adding on fees.

If I decide to figth this fees could I just send the amount to cover the HOA fees that are on the lien and since the 2011 modifications on texas hoa rules they would have to apply this moneys to the principal. and be covered from a foreclosure? Do they have to take the payment? if yes how would it be the best way to make sure they take it.

Can you tell me the amount they say they need to stop the foreclosure?

You should pay the amount to stop the foreclosure and then pursue the matter to see if the fees were correctly charged. Any amounts that you pay that were charged in error will need to be reimbursed to you.





Customer: replied 9 months ago.

Thank you for your prompt response.


 


The letter before the suit fees was $1600. 1200 secured by liens and the rest unsecured.


After i found out about the suit., nows is the $1600 plus another $1600 in attorneys feesfor the suit.


So he sent a new statemen for aprox $3200



After my emai he proposed for me to pay $ 2700 to final settlement of all amounts due



Couldnt i just pay the 1600 and let them figth for the new fees?



Thanks

Expert:  Attyadvisor replied 9 months ago.

It would give me great pleasure to tell you that you did not have to pay the total amount and only need to pay the principal balance. Unfortunately, paying the principal balance will not stop the foreclosure. The attorney’s fees, interest and costs are all considered part of the total amount due.


If you have a copy of your bylaws it should state the fees that are included in the amount required to stop the foreclosure.

That being said, attorneys are bound by ethical duties to respond to your request for information, as is the HOA.

We have no way of knowing if the amount due is correct without a breakdown. This is a fight best taken up after you have stopped the foreclosure proceeding.

There are Pro Bono Attorneys in every state that charge no attorneys fees and may be able assist you in contesting the fees. You are entitled to an accounting and you should demand that one be provided to you.

I would be happy to provide you with a link for free and low cost attorneys in your area if you would like to pursue this matter.

Customer: replied 9 months ago.

thank you.


 


I do have the accounting. he sent it to me yesterday. If I send it could you look at it?


 

Expert:  Attyadvisor replied 9 months ago.

Unfortunately, all fees would still need to be included in your payment to stop the proceeding. You may wish to check your bylaws and governing documents to see the legitimate fees that can be charged.

Please feel free to attach the accounting document.

Customer: replied 9 months ago.

2009 Annual Maintenance Assessment 590.00


 


Interest 79.85


 


Association Collection Letter 30.54


 


Credit (Payment Posting 05/21/09) <166.35>


 


2010 Annual Maintenance Assessment 635.00


 


Interest 121.30


 


Association Collection Letter 30.54


 


Association NSF Fee 25.00


 


Attorney Initial Collection Letter 85.00


 


Credit (Payment Posting 06/18/10) <500.00>


 


2011 Annual Maintenance Assessment 635.00


 


Interest 125.92


 


Attorney Title Search 40.00


 


Attorney Second Collection Letter 105.00


 


Attorney Payment Process Fee s 40.00


 


Attorney Third Collection Letter 85.00


 


Attorney Fourth Collection Letter 85.00


 


Credit (Payment Posting 04/01/11) <500.00>


 


Credit (Payment Posting 08/29/11) <300.00>


 


2011 Credit (Interest Waived) <79.85>


 


2012 Annual Maintenance Assessment 698.50


 


Interest 124.80


 


Attorney Property Report/Lienholder Search 190.00


 


Attorney Fifth Collection Letter 95.00


 


Attorney Payment Process Fees 40.00


 


Credit (Payment Posting 02/24/12) <1,000.00>


 


2013 Annual Maintenance Assessment 698.50


 


Interest 131.72


 


Attorney Title Search Update 30.00


 


Attorney Final Collection Letter 95.00


 


Credit (Payment Posting 02/25/13) <1,000.00>


 


SUB-TOTAL $1,270.47


 


Amounts Not Secured By The Association’s Lien


 


2009 Late Penalty 110.00


 


2010 Late Penalty 100.00


 


2011 Late Penalty 100.00


 


Credit (Late Penalties Waived) <110.00>


 


2012 Late Penalty 110.00


 


Association Deed Restriction Letter 30.75


 


2013 Late Penalty (thru August) 70.00


 


SUB-TOTAL $410.75


 


Lawsuit Attorney Fees/Expenses $1,610.78


 


*TOTAL AMOUNT DUE $3,292.00

Expert:  Attyadvisor replied 9 months ago.

I don’t know why these items are being charged.

1. Attorney Title Search

2. Attorney Payment Process Fee

3. Association Deed Restriction Letter

4. Attorney Property Report/Lienholder Search

5. Attorney Title Search Update
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3366
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you for your response. Finally should I just question this charges to the attorney?


 


 

Expert:  Attyadvisor replied 9 months ago.
See if you can get them to waive any additional fees for you.

I hope the information I provided has been helpful. Thank you for using JA!

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