Real Estate Law
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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?
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.
I do have the accounting. he sent it to me yesterday. If I send it could you look at it?
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.
2009 Annual Maintenance Assessment 590.00
Association Collection Letter 30.54
Credit (Payment Posting 05/21/09) <166.35>
2010 Annual Maintenance Assessment 635.00
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
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
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
Attorney Title Search Update 30.00
Attorney Final Collection Letter 95.00
Credit (Payment Posting 02/25/13) <1,000.00>
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
Lawsuit Attorney Fees/Expenses $1,610.78
*TOTAL AMOUNT DUE $3,292.00
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
Thank you for your response. Finally should I just question this charges to the attorney?
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