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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Ardis. hoa fore closure
, i have to answer and i feel

Customer Question

Customer: ardis. hoa fore closure
JA: Thanks. Can you give me any more details about your issue?
Customer: i have to answer and i feel that it should be dismissed my soon to be ex wife quit claimed the house in the name of the church the house is part of the divorce no hoa fees have been paid they filed a lien but i think its facially deficient its fees lumped together
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: aren't they supposed to state that the court has jurisdiction over the subject matter yes i can wait a few just have a headach
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Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I would like to assist you.

I have reviewed your post above and it appears that you have a home that is located in an HOA.

The HOA fees are in arrears and the Association is filing suit to foreclose on the property.

You would like to have the matter dismissed because the HOA did not allege that the court has jurisdiction.

Unfortunately, this is not a basis for a dismissal - the HOA has likely listed the address of the property in its complaint, giving the court jurisdiction over the matter as "in rem" jurisdiction - the court action taking place in the county court where the property is located. There is no requirement for the plaintiff to make any separate or additional verbiage in its complaint.

You would like to have the matter dismissed based on the way the fees are claimed in the complaint.

Again, while the complaint may have alleged the fees in a lump sum - this is not a basis to dismiss the complaint (at least not in the pleading stage). You can argue that the charges claimed are not appropriate during the litigation (so you can contest the total amount owed during the lawsuit - and even file an answer to the complaint that contradicts the amount owed - but the court is not going to dismiss the action in the pleading stage because there is no itemized list (there isn't a requirement for the plaintiff to do so in the pleading stage).