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I received a letter yesterday from an attorney that handles…

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I received a letter...

I received a letter yesterday from an attorney that handles my HOA informing me that a lien would be placed on my home if I did not pay the dues of $521 plus the attorney fees of $425 in attorney's fees as the HOA turned over for collection. The HOA dues are due every quarter. Apparently I am two quarters behind...I THOUGHT I had set up for automatic draft for on a credit card but apparently not...

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

North Carolina The current notice says that I was notified on August 11th of which I DID NOT receive

Lawyer's Assistant: Has any paperwork been filed?

Yes they placed a lien on my property but I never received notification

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes..I notification that I received in the mail with the lien, also had in the mailbox the proof of delivery slip from the post office that never came to my door to deliver the letter as I work from home...I told the attorney this is an example of the issues that we have been experiencing in our neighborhood with the postal service. I get my mail and return mail to neighbors on a regular basis

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/27/2017
Lawyer: Edward Young,
 replied 10 months ago
Edward Young
Category: Legal
Satisfied Customers: 574
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.​

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Lawyer: Edward Young,
 replied 10 months ago

I am not a licensed North Carolina attorney but you should hire one. There are many defenses to a lien and your lawyer should be able to explore them for you. Here is a link to NC attorneys who could help you: https://www.avvo.com/search/lawyer_search?utf8=✓&q=Foreclosure&loc=NC&free_consultation=1&sort=relevancy

I hope this helps.

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Lawyer: Gerald, Esq, Lawyer replied 10 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,455
Experience: Over 30 years of experience
Verified

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The amount that is involved here is too small for you to hire an attorney to fight this. You do owe the back HOA dues. The issue for you is the attorneys fees.

Contact the attorney and tell them that you were never notified that your HOA payment was not received. Tell him you are willing to pay the HOA fee bu not the attorney's fees. State that you were deprived your due process rights of receiving Notice of the over due amounts. See if you can negotiate a reduced amount for the attorney's fees.

Also send a letter by certified mail to the attorney stating the same. Include in the letter a check for the amount of HOA dues, plus any attorney's fees that you agree to with the attorney. Write on the back of the check that deposit of the check is payment in full.

It may be that the attorney will not negotiate a lower fee. You will then have a choice to fight the fees or pay them. BUT in any event you need to pay the HOA fees.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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