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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15922
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I currently live in Florida, and have had to stop paying my

Customer Question

I currently live in Florida, and have had to stop paying my Home Owners Association fee's due to hardship. I have gotten a letter from a Debt collection law firm about the current debt that I have. I asked for a proof of debt, and received one.

I own my house out-right, meaning there is no mortgage. The letter says I have 20 days to provide payment of the balance in full. I currently don't have enough money to pay the full balance, and am currently unemployed.

I am not sure what to do.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Are you collecting unemployment? Do you have any source of income at this time or anything in savings?
Customer: replied 9 months ago.

No I am not collection unemployment at this time. I am a recent graduated student, just have not been able to find a job yet. I have at most about $1,200 in savings, my debt is at $7,696

Expert:  RealEstateAnswer replied 9 months ago.
Thank you for the additional information. The key thing which you need to do is try and work out a payment plan with them, to prevent them from starting the foreclosure process. If you fail to pay them anything, it will likely result in them foreclosing. You do not want this to happen. The demand for payment in full is unreasonable but common in situations like these. However, you can certainly contact them and work something out, as far as a payment plan goes and see if they will accept it. If you have $1200 in savings, see if they will agree to accept $300 or $400 a month. Your goal is to prevent them from foreclosing and suing you for the debt owed. If you can buy a few more months, you may be able to find work. Moreover, you may have to take a temporary job until you find something you want to do full time, just to pay your living expenses over the next few months. With a debt of close to $8,000, I am inclined to believe you have not paid your HOA dues for some time and they are getting impatient with you, which is why this was turned over to a collection agency.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 9 months ago.

When they sent me a breakdown of the debt, it had late fees - monthly, and they also included Interest and Attorneys Fees into the total number. Am I expected to pay the interest and attorneys fees as well?

Expert:  RealEstateAnswer replied 9 months ago.
Ryan, thank you for the additional information. Yes, you are expected to pay it but they can often times be negotiated or waived. The interest is added on and the HOA may be inclined to waive this, for a speedy resolution. The attorney fees are harder to get waived, since the attorney worked on the case and has billed the HOA for the work. They likely do not want to have to incur the expenses on their own for this.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15922
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
RealEstateAnswer and 2 other Real Estate Law Specialists are ready to help you
Expert:  RealEstateAnswer replied 9 months ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 9 months ago.

I just spoke to the law firm (debt collector) and they want me to send them an email in writing about a payment plan or a figure that I have to settle on. They said they will take that email to the homeowners association board.


 


I was told that outside of a 6 week payment plan, there is not a good chance of extension beyond that.


 


I am not sure what I should be sending them an email about or how I should go about it.


 


 

Expert:  RealEstateAnswer replied 9 months ago.
You certainly want to explain your current hardship and the reason why the dues have not been paid. Then you want to provide them with a monthly figure which you think you can continue to make, to pay the past due amount, down. 6 weeks does not seem reasonable to pay a debt as high as yours down, since there is no income, so you should consider presenting a monthly payment for now and then consider increasing the amount after 3-6 months.

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