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Our HOA is strongarming us, and is in violation of Texas…

Our HOA is strongarming...

Our HOA is strongarming us, and is in violation of Texas property code. The story is long and I receive an error message when I try to send it. Essentially, they have filed a lien against our property without following the law themselves. What recourse do I have? Who do I report them to for being in violation and should I hire a real estate attorney here in El Passo?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

We have been in what we thought were negotiations with the HOA, yet have not received a counter offer. I have also been in touch with the HOA's attorney who filed the lien, and is asking to negotiate a settlement with them, but they are not budging.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

No, I had an attorney conduct some research regarding the Texas Property code, but am not sure who to hire here.

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

No, as I mentioned the story is lengthy...lol!

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Customer reply replied 1 month ago
Additional information
Answered in 1 hour by:
3/20/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,044
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question this evening.I'm attorney Bill following up on your request.

Texas government code allows you to contest any lien created against your property and was so fraudulently applied.

"a) A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously filed or submitted for filing and recording is fraudulent may complete and file with the district clerk a motion, verified by affidavit by a completed form for ordinary certificate of acknowledgment, of the same type described by Section 121.007, Civil Practice and Remedies Code, that contains, at a minimum, the information in the following suggested form:"

You seek judicial review of the validity of the said lien.

If the lien was filed to cause you maliciously and fraudulently you can claim damages for up to $10,000 for the damages cost to you in terms of actual damages and emotional distress.

This si covered in chapter 12 of Texas Civil Practice and Remedies.

We are here to help so please follow up with me as required.

In return your positive rating is what gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,044
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Bill Attorney and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
May I send you the response I type to the attorney for the HOA for your review tomorrow?
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