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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118128
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our HOA has obtained a Default Order against my wife and I

Customer Question

Our HOA has obtained a Default Order against my wife and I and are planning on proceeding with foreclosure. We wanted to know what if anything we could do.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you owe them money, then you would need to seek to try to negotiate some type of payment plan with them to avoid foreclosure. If you dispute the money owed, you have to file a suit against the HOA for them trying to wrongfully foreclose over a debt that is not owed to them.

If you owe the money, you need to start by sending the HOA and their attorney a letter with a detailed offer as to what you can afford to pay them monthly to pay off the debt you owe and ask them to accept your offer. Start off low, so that the HOA can come back with some counteroffer, because most times they will almost always not accept the first offer and you would have to negotiate with them to accept some form of payment to stop the foreclosure process.

I am sorry to say that these are the limited options you have with a situation like this.