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The HOA hired a law firm that collects regime fees. I am…

Customer Question
The HOA hired a...

The HOA hired a law firm that collects regime fees. I am paying but not the full amount agreed upon. Can they take ownership of my home when I'm still paying a mortgage?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

SC

Lawyer's Assistant: Has any paperwork been filed?

No...I'm making payments on back regime fees and lawyers fees. The payment plan is set up to end in October

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The lawyer continues to contact me constantly saying pay, I'm paying each month. It is not my intention to not pay, it's just my finances have changed drastically

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
8/2/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 29,964
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago

Good morning. Just to be clear, you are on a payment plan at this time and have been paying each month? If so, do you know why the law firm is contacting you and are they aware you are on a payment plan?

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Customer reply replied 6 months ago
they are because the payment plan was set up with them because the managing company for the HOA stated I am only to communicate with the lawyers until paid in full. My payments are set at approximately $595 and my regimes fee, the last price I heard was $185 per month. The payment covers both fees
Customer reply replied 6 months ago
They are contacting me because I am unable to make that almost 600 dollar payment because my finances have changed drastically, it is not my intention to not pay, I want to pay and pay it off by October and keep my home,
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago
Thank you for the reply and please allow me a moment
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago
From a legal standpoint, the hoa would have a legal right to foreclose on the property is the fees and dues are not paid. If there was a payment plan in place and you were paying according to the terms and conditions of it, it would prevent them from foreclosing as well. At this time a new payment plan needs to be worked out and agreed upon or else they can take legal action, I am sorry to say. Now, if you can pay it off by October which is only 2-3 months away you can present to them a plan to do so or if you are going to do so with a lump sum payment because you will have money coming in at that time you can show and support that as well. The goal is to stop them from taking legal action and to do so they will need to see an ability to pay.
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Customer reply replied 6 months ago
The payment plan is set to end in October. And if they choose not to work with me, there is nothing I can do because my payment is less than the agreed upon payment amount?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 6 months ago
that would be correct. If you paid according to the plan they would need to honor it. If you can not pay because of the financial hardship you need and want to share that with them and show what you can pay and see if they would agree to modify the plan to get this paid off.
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