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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My HOA keeps bugging me, I went into a payment plan, they

Customer Question

My HOA keeps bugging me, I went into a payment plan , they don't have direct debit, so I guess my payment got loss in the mail. So now they added 4000 in attorneys fees, 360 court cost and 4400 previous balance. And due In 10 days
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: Paying a judgment, that's the payment they was miss But I think they taking advantage of me
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 7 months ago.
Category: Real Estate Law
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Roger replied 7 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Did your HOA take a judgment against you for this amount?

Customer: replied 7 months ago.
It was for a less amount , like 6k, I already made 4 payments,but I think Decembers got loss in mail , now the added 4k in attorney fees, 360 court and remaining judgment balance, now it's like 8900 due in 10 days
Expert:  Roger replied 7 months ago.

Wow. That's wild. Is there any explanation for the increase?

Customer: replied 7 months ago.
Attorney fees and court fees
Expert:  Roger replied 7 months ago.
Ok. Did the judgment grant those fees?
Customer: replied 7 months ago.
The 1st time they allowed only up too 6k fees and what I was behind , but these are new fees , now I owe close to 9k
Expert:  Roger replied 7 months ago.

Under the judgement, the HOA would only be entitled to whatever it says in terms of money. Thus, any other expenses would not be covered by the judgment if the judgment doesn't allow for it.

Expert:  Roger replied 7 months ago.

So, if they're seeking money that is not part if the judgment, you should have the ability to question those assessments, request an accounting, challenge the charges, etc.

Customer: replied 7 months ago.
They charging me court cost , wonder if they filed something.
Expert:  Roger replied 7 months ago.

You should be able to consult the local court clerk's office and ask if anything has been filed -- if so, they can tell you.

Customer: replied 7 months ago.
What can I do to stop forclosure? Can't afford 9k in 10 days
Expert:  Roger replied 7 months ago.

Generally, the only way to stop foreclosure is to file a chapter 13 bankruptcy....which will stop any proceedings and give you an opportunity to possibly reduce the debt and pay it off through the plan.

Expert:  Roger replied 7 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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