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My Massachusetts Condo Association has just been granted a…

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My Massachusetts Condo Association...

My Massachusetts Condo Association has just been granted a Summary Judgement and has been awarded permission to sell my property. All the fees are for legal fees only. I am current on my regular condo assessment fees, my mortgage payments and taxes. My mortgage company refuses to pay because the amount is $26,000. What options do I have left? Filing an injunction. Filing some sort of motion to reduce the legal fees so that my mortgage company will pay? Please Help.

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

Yes

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

No

Submitted: 4 months ago.Category: Legal
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Answered in 6 minutes by:
3/28/2018
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,795
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You would need to appeal the summary judgment to the appeals court and you would need to have legal reason for the appeal. If you cannot vacate the summary judgment, then you cannot get an injunction and cannot stop them from selling your property at auction. You cannot file to reduce the legal fees until you get the summary judgment vacated/overturned and then you can argue the attorney's fees are excessive by filing an objection to those fees.

Otherwise, you can send someone to the auction to seek to buy the property for less than you owe (unless the attorney's or condo association buys it for the full amount) and then you can make a deal with them to buy it back from them. However, this person would need to be someone you need to trust and do not just use some of these scam companies out there that promise to do this and then end up taking people's homes.

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Customer reply replied 4 months ago
Ok. I have a separate lawsuit against them in Superior Court. Can this delay the action taken in the case the Association has against me?
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply

You can ask for a stay of execution on that foreclosure in your separate lawsuit action, yes. The superior court can make you put up a bond to grant you a stay of execution (injunction) pending the outcome of the superior court case and you have to prove in court that you case has a likelihood of success on the merits (meaning it is more likely than not you will win the Superior Court claim).

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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