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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39027
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Our HOA discriminated against us and sued and took title to

Customer Question

Customer: Our HOA discriminated against us and sued and took title to our property for unpaid HOA fees. We filed a cross-coplaint for discrimination and wrongful foreclosure in the State Court and then consolidated both cases and transferred to the Federal court, now pending and is STAYED fill we comply. I need to know since the HOA illegally did a Trustee Deed Upon Sale and took title and also did file an unlawful detainer to takes our property which we filed an Appeal of the unlawful detainer which was GRANTED. Can we use the Administrative Procedures Act of 1946 to reconvey our property title back into our names. Thank you.
JA: Thanks. Can you give me any more details about your issue?
Customer: We are currently in the process of filing our appellate brief for the wrongful foreclosure in the State court as well as in the process of filling appeal paperwork for the Unlawful detainer. The same Judge that executed the writ of possession of our property and payment of $4224 as damages to the HOA, also GRANTED our oppossion and appeal on condition we pay $1,800 to the HOA as a Rent. But we contested that we are not renters, there was no lease/rental agreement between we and the HOA. We did sent a qualified written requested to the HOA but they failed to respond.
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Customer: Yes. I am willing to wait. My contact is xxx-xxx-xxxx. Thanks.
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

The Administrative Procedures Act of 1946 (APA) applies only to formal rule making and administrative law hearings conducted by a federal agency (e.g., Dept. of Commerce, Social Security Administration, Dept. of Health and Human Services, Dept. of Housing and Urban Development, etc.). Idon't see that the APA has any application to your stated facts. If you believe otherwise, feel free to provide your legal theory, and I'll be happy to comment further.

Otherwise, my answer must be that the APA cannot be used to transfer title back into your name. Rather, if you prove that title was transferred by the HOA in violation of state or federal law, then the court could impose a constructive trust over the title, and order the HOA to sign and deliver a deed reconveying title into your name, as a remedy for your discrimination action.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  P. Simmons replied 1 year ago.

Disregard please

Expert:  socrateaser replied 1 year ago.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!