How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17521
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Real Estate Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I'm being sued fees non-payment. What can I do?

Customer Question

I'm being sued for condo fees non-payment. What can I do?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 6 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. 1. What is it that you are really asking? What do you mean---what can you do? Can you please be a bit more specific in your question?Doug
Customer: replied 6 months ago.
Hi Doug,My property has been sold writ of sale for non payment of dues. past due about 12K. Property sold through sherriffs sale for $70K. what happens to the difference? I have 90 days to redeem which is Wednesday. I need someone to represent me and my rights, allow me to keep my property, or sell it. They appraised my property at $375K I owe the bank $290K and the hoa about $12K. I never paid because they denied me a membership.
Customer: replied 6 months ago.
speciffically - I want to sue the HoA, redem my property for the amount the HOA is suing me for.
Expert:  LawTalk replied 6 months ago.
Your property was sold for $70,000 based on a foreclosure bill of 12K and the property still had a mortgage on it for 290K? Seriously?
Customer: replied 6 months ago.
I currently have it in escrow to sell but because of the $70K redemption I can not sell it until I redeem it.
Expert:  LawTalk replied 6 months ago.
The excess of the foreclosure sale, after the fees owed the HOA plus legal expenses, the remainder will be delivered back to you as the owner, or given to other lien-holders on your property---such as mortgage lenders.. However, it can take 4 to 6 weeks to receive the excess. You cannot sue the HOA to redeem the property, but you may redeem the property up to 90 days following the foreclosure Sale. Doug
Expert:  LawTalk replied 6 months ago.
In order to redeem, you have to somehow come up with all the money to pay the HOA. You can't redeem using money from the sale of the property because you no longer own the property if someone else already bought it.Doug
Customer: replied 6 months ago.
Do I need to do anything special to receive these funds? Request them or automatic procedure? Sue for denying me a membership.
Expert:  LawTalk replied 6 months ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.I apologize for any inconvenience and wish you well in your future.Doug
Expert:  Phillips Esq. replied 6 months ago.
A different Professional here. First and foremost. You need to to redeem the property. That means, you must pay back the $70,000.00. Then, after you have reclaimed your property, you can go after the HOA for any other issues you have with the HOA. Do not mix up the issues. Your issue now is to get your property back, sell the property yourself and pay off your liens. Then go after the HOA for any grievance you have against the HOA. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 6 months ago.
The redemption amount equals what the Buyer paid for the property? Where does the difference go? 12,000 owed paid 70,000 does the difference come to me?
Customer: replied 6 months ago.
Can I get extension on the 90 days? I need an attorney to fight my case. Does buyer inherit other liens?
Customer: replied 6 months ago.
How long can I stay in the property after the 90 day redemption period is over ? do I have to leave? What happens to my loan with the bank Dona still on the bank even though the H OA foreclosed? Who's in first position the Hoa or the lender?
Expert:  Phillips Esq. replied 6 months ago.
The redemption amount equals what the Buyer paid for the property? Response 1: Yes, that is correct. Where does the difference go? 12,000 owed paid 70,000 does the difference come to me? Response 2: To you. The HOA must return the remainder to you. Can I get extension on the 90 days?I need an attorney to fight my case. Response 3: Unfortunately no. The redemption period cannot be extended. Does buyer inherit other liens? Response 4: Yes. How long can I stay in the property after the 90 day redemption period is over ? do I have to leave? Response 5: You can stay until the HOA files eviction action against you and obtains judgment against you. What happens to my loan with the bank Dona still on the bank even though the H OA foreclosed? Who's in first position the Hoa or the lender? Response 6: Your loan is not extinguished as a result of the HOA's foreclosure. The loan remains in first position. See California Civil Code Section 1367. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.