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AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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About two years ago my husband took a major pay cut and we

Customer Question

About two years ago my husband took a major pay cut and we fell behind with our mortgage and HOA dues. We were able to remodify and bring our mortgage current. My husband has since gotten a promotion. However the HOA sent the fees to collection. I worked out a deal to pay the collection company 200 a month. I would have paid it off but the pay off amount included future late fee which I know now. However I never got a bill and when I called to get my balance the balance never went down. I received and extra $600 bill on my mortgage. When I called the mortgage company I was told that they sent a payment to the HOA to bring my dues current. I called the HOA and they didn't know what I was talking about. I called the collection agency and was informed that they didn't agree with the wording of the payment and didn't take the payment they also informed me that I have have been paying late fees every month to that HOA because although it is in collections that HOA has the right to charge me fees as long as I have a balance. I was not aware of this because It was explained that 65 would go to current dues and the remaining 125 would go to my past due bill. How can they refuse to take the full payment from the bank and charge me fees on something that is sent in collections. So far I have paid almost $2000 in fees for a 600 bill. What should I do If I keep paying the collection company I will never be paid in full.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist you for informational purposes. They cannot refuse to take the full payment, but it is possible that the payment from the bank included a stipulation that stated if they cashed the check, it constituted payment in full, and they did not agree with that. You might be able to contact the collections agency and work out a discount if you pay a certain amount by a certain date.

Expert:  AttyHeather replied 3 months ago.

Hi, I'm checking in to see if I have answered your question. Please let me know.

Customer: replied 3 months ago.
The question wasn't completely answered. My question is can they continue to charge current or present late fees on a collections account that I'm paying right now because the way it is I will never ever be done paying the account?

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