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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118617
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ok, than they continue in this foreclosure process, to prove

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Ok, than they continue in this foreclosure process, to prove I breach the declaration and covenants, by not paying annual assessments, together with 10% , interest , " ( COSTS ) " which costs is very vague and reasonable attorneys fees, is what declaration states... So I had a renter with option to buy in home for 8 yrs, tenant was required to pay all fees, etc. and did for 6 yrs. and stopped I I payed two different law firms to evict didn't do their job, so I bought out the tenants lease option and he moved, after I occupied the property for 30 days or so I get a notice from law firm working as hoa collection agency for delinquent hoa, concerned I call, was told total owed three years, I agreed to pay , but preferred not a once if I could avoid because of great cost to redeem the home , repairs etc. Collection agency, ask what I had in mind, I offered 3 equal payments 1/3, 1/3 , 1/3 to be applied to each year oldest first etc. offer accepted and 1/3 consideration made over phone that moment, and next 1/3 60 days , and last 60 more, I work on the road , home in florida , I was in Ca. appox. 3# XXXXX later after 2/3 was paid, and about to send balance, I was in town, went through my mail & found letter dated 48 hrs. after agreement, ( offer, acceptance, consideration made 3# XXXXX earlier ), charging whopping 30% fee of the 2/3 balance ,& listed as a one time account monitor fee, Well since I disputed this , and never was disclosed, at time of consideration, or I would paid all at once, I sent the last 1/3 payment in , and wrote " FOR IN FULL, LAST PAYMENT " and note attached stating the same, they cashed, but a month later wanted the 30 % account monitor fee, and that's how tis whole thing got out of hand, first I am filing defense they breached contract, also not a fair collection practice cause not acting in good faith and disclosed their intent to add this fee prior to accepting my consideration, second, breach of Hoa, covenant cause doesn't allow 30 % interest charge only 10 %, your thoughts, and after I have to go , have a buss. appt. but perhaps we hook up again , please reply your thoughts...
Thank you for your new question and for asking for me.

If this was your agreement, then you have grounds to hold them to this agreement. If you paid them off in accordance with this agreement, then the defense of accord and satisfaction would apply (it is one defense of accord AND satisfaction, not OR satisfaction). If the other fees were not disclosed and made part of your agreement they have no legal right to charge you those other fees and that is part of your breach of contract claim against them, as this settlement is held to be viewed like any other contract.

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