Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I lost a condo to Foreclosure - it sat empty. I had the property

I lost a condo to...
I lost a condo to Foreclosure - it sat empty. I had the property short sold with the approval of the bank. The bank had an investor offer them cash so the bank canceled the short sale. Then the investor did not buy the property so it went into forclosure.
Anyway my question:
The HOA and myself made an agreement for the back HOA dues. First they told me to give them a proposal, I did they said yes first then changed their mind. The total they want me to pay is $2330. I made payments every month never missed a month. Last month was my last payment. HOA sent me a statement with a zero balance but have another bill for me they want me to pay another $724.00. I ask why and they said they found some more fees/dues Special assessments. I really need your help I do not want to keep paying them - I already paid in full.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 13 minutes by:
5/1/2013
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,924
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

In this case, what someone in your situation may wish to do is to send a letter to them which essentially threats to file suit unless they drop their demand. Of course, this is more of a 'puff,' but it may help to have them back off and believe that this matter is really not worth the possibility to litigate.

Example of letter below:

To Whom It May Concern:

This correspondence is in regards XXXXX XXXXX latest bill for $_____.

The demand for payment for this bill is rejected. Please note that I have already paid off all my debt, and have received from you a copy of ZERO BALANCE statement which reflects said payoff.

At this point, I view this zero statement as proof of full payment. Should you continue to seek additional payment for frivolous reasons, I will have no choice but to file a declaratory judgment action under ARS 12-1831 et seq to have the Court determine that no debt is owed.

If so, then legal and attorney fees would also be requested in the judgment.

I now consider this matter closed. Any more communication from you in regards XXXXX XXXXX matter shall have me consider filing for relief.

Sincerely,

Signature

Name
.

Declaratory judgment is a complaint to the Court wherein the Court decides the rights/duties in an uncertain situation, such as this one.

Very often, the other party will simply write off the matter and forget about it, rather than risking a prolonged litigation.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ask Your Own Real Estate Law Question
Customer reply replied 4 years ago

That sounds good however I have another question. The HOA put a Judgement against me (I paid in full) - I have a zero balance statement. I don't understand why they say I have to prove to them why I do not own for this new assessment they found and they are charging me for???? They know that I have to do what they want before they will remove the Judgement. They have to file a Satisfaction of Judgement. Is Filing a motion the same as Declaratory Judgement

Friend,

Thank you for your follow up.

That sounds good however I have another question.

By all means.

The HOA put a Judgement against me (I paid in full) - I have a zero balance statement. I don't understand why they say I have to prove to them why I do not own for this new assessment they found and they are charging me for????

You do not. At this point, rather, it is their word against yours. They are trying to get you to pay as much as possible, and have justified their 'additional' amount by a flimsy excuse. The letter above should help to take care of that.

They know that I have to do what they want before they will remove the Judgement. They have to file a Satisfaction of Judgement. Is Filing a motion the same as Declaratory Judgement

No a default judgment is during the original litigation - it does not apply here.

Actually, not always. They do not "lord" over you with the threat of Satisfaction of Judgment. If you feel you have paid, and they are still refusing the Satisfaction of Judgment, one may file in Court one's self to have the Court deem the judgment paid off even if the creditor denies it, and if you can show that it was paid off (the original letter that states it), and if the Judge is convinced, then, the judgment is seen as satisfied.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,924
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Ely and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,924
102,924 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

102,924 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &
My HOA provided of Chart of Responsibilities, between HOA & Unit Owners. However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painting damage) cause… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
An HOA is putting a $2500 lien on an unimproved lot in Lake
An HOA is putting a $2500 lien on an unimproved lot in Lake County CA. My name as recorded is Dale Moore, Trustee. My ex wife is now trustee through a divorce settlement. The change was never recorded… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
Florida HOA. Are HOAs still able to enter properties because
Florida HOA. Are HOAs still able to enter properties because their covenants say so, or are they getting trespass warnings?. I was told they are not allowing associations to simply enter property to s… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
In the subdivision we moved into at one time had a HOA ,but
In the subdivision we moved into at one time had a HOA ,but the builder when under.and the HOA had stop for some time.when we signed for our home ,we do not sign up for a HOA we check the deed and con… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Florida HOA. I live in an HOA under Ch 720. I know there is
Florida HOA. I live in an HOA under Ch 720. I know there is a Noticed of Intent requirement under condo law, Ch 718 for owners running for the Board. There is no such requirement to my knowledge under… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,257 satisfied customers
If someone purchases a HOA foreclosure, is there a time
second opinion] If someone purchases a HOA foreclosure, is there a time limit in which outside parties may make claims or liens against it?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a HOA issue. Florida. I am aproved by the HOA in 2
I am aproved by the HOA in 2 units. I live in unit 26 and my dad lived in 44. He passed away. And deed was only in his name. But the approvsl has us both on 44. Now i have recently invited my cousin to stay for a few days at my dads 44 unit, since its empty. Hoa came with the police and said they have to lesve by tomorrow.… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Do HOAs have to have a Covenants Committee? If yes, do HOA
Do HOAs have to have a Covenants Committee? If yes, do HOA statutes dictate the composition of such a committee? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
I am having issues with my HOA. Seeking advice from an HOA
good evening, I am having issues with my HOA. Seeking advice from an HOA lawyer in Torrance. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
I am in an HOA. The HOA wants an air conditioner unit at the
I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previousl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Barrister: HOA is foreclosing on lien for HOA dues. Court
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a town home in a hoa. I contacted the hoa in 2014
I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year bu… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,299 satisfied customers
HOA in Florida, the HOA budget has been kept artificially
This is for an HOA in Florida, the HOA budget has been kept artificially low for years, some line items such as taxes on the gym have not even been budgeted. Our docs say to raise the budget over 5% w… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I was told that for a Georgia HOA letter, the HOA letter
Hi -- I was told that for a Georgia HOA letter, the HOA letter cost was capped by a law. Something like $35 or something like that. But I know the cost for the letters that closing attorneys must orde… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
In georgia,.am i required to join an hoa? this hoa was
in georgia,.am i required to join an hoa ? this hoa was established 4/19/17. i have been here since 2007. this hoa was established forcibly and not by a vote. officers were appointed by the owner of t… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,257 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x