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David Stewart
David Stewart, Lawyer
Category: Real Estate Law
Satisfied Customers: 128
Experience:  Highly experienced attorney in Real Estate law
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I have received a 'Complaint for Foreclosure' for unpaid HOA

Customer Question

I have received a 'Complaint for Foreclosure' for unpaid HOA fees. I believe the fees are unreasonable and therefore do not want to pay the amount they are claiming at this point. I have 21 days to respond. I obviously do not want to go into foreclosure. I have actually just listed an agent to sell the property, which should sell quite quickly. I would like your advice as to the best way to try and resolve this and how I should respond to this document.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  David Stewart replied 1 month ago.
Hello- I would advise you to pay the HOA fees if you plan to sell. The primary reason for this is that you may sell but the title to your property will not be clear until the lien for the HOA dues is removed and the foreclosure complaint is dismissed. If you want to fight the Complaint instead of sell right now you could file an Answer in the foreclosure matter explaining the unreasonable dues and that the lien for them was improperly placed on your property. However, if there are others paying the HOA dues your unreasonable argument is likely to fail so my primary advice is to pay, sell the property, and move on with your life. I hope this helps! All the best, David
Customer: replied 1 month ago.
Thanks for your reply. The fees that are due are high so paying in full is not really an option, would a lawyer accept a payment plan? If I sold, would the dues not just get paid at closing based on the lien?
Expert:  David Stewart replied 1 month ago.

Thanks for the additional information. Yes, the dues will get paid at closing but in order to clear title the foreclosure complaint will need to be dismissed as well. If you sell which it sounds like you should I suggest being upfront with the buyer and closing agent that is used about the situation and I would expect things to go smoothly. They need to know up front though because the foreclosure case could temporarily slow down closing the sale so everyone needs to plan accordingly. Thanks, David

Customer: replied 1 month ago.
OK thank you. The issue I have paying the dues currently is the excessive charges they have added for late fees and interest, plus lawyers fees. These are the unreasonable costs. Can I argue these additional costs? Should I try and negotiate something with their lawyers directly to try and reach a compromise?
Expert:  David Stewart replied 1 month ago.

Yes, I would suggest trying to negotiate something with the lawyers if possible. Thanks, David

Expert:  David Stewart replied 1 month ago.

Sue - please let me know if you have any follow up after speaking with the lawyers. I think you will have a hard time arguing excessive fees and costs, but I would expect you to be able to negotiate down the total amount owed. Thanks, David

Customer: replied 1 month ago.
Hi David, I am waiting to hear from the lawyers after I have put an offer to them. In the meantime, I have to respond to this 'Complaint for Foreclosure' document on Monday (21 days). Is there a form I have to complete? Do I respond directly to the Court? Not sure what I need to do. Any help appreciated.
Expert:  David Stewart replied 1 month ago.

Sue - you will want to file an "Answer" in the court proceeding. I am providing you with a link to the forms that are acceptable in Colorado courts for you to use to fill out and state your defenses here: I hope this helps you, David.

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