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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 538
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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Need to know what to do. Received a letter stating I'm being

Customer Question

Need to know what to do. Received a letter stating I'm being sued by HOA for not paying fees. Letter states foreclosure by the District Clerks office
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Texas
JA: Has any paperwork been filed?
Customer: Not sure. I haven't filed anything
JA: Anything else you want the lawyer to know before I connect you?
Customer: How do I clear this up
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 2 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Most Homeowner's Associations ("HOA") have the power to place a lien on your home if you become delinquent in paying the monthly dues and/or any special assessments (collectively referred to as “assessments”). Once you fall behind in the payments, typically the lien will automatically attach to the property.
In Texas, an HOA gets the authority to collect assessments and place an assessments lien on your home primarily from its governing documents, such as such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).Presuming you do not agree with the amount claimed by the HOA, then I would make a written request for an accounting. If you do not dispute the amount, then the HOA may be able amenable to allow you to pay via a monthly payment plan for instance.Good luck
Customer: replied 2 months ago.
Just to be clear, I received a letter of foreclosure. The lien on the property was done some time ago, but today we got a letter stating I 'm being sued. I paid the full amount this evening online and emailed the attorneys office with the receipt. Will this be dropped or will they continue to foreclose my home?
Expert:  Michael Gonzalez replied 2 months ago.
Correct. If you paid the amount owed in the letter within the time frame provided in that letter then the foreclosure will not continue.
Customer: replied 2 months ago.
I don't see any date other than a date to file a response. Nowhere in the letter does it have a date to pay. I went ahead and paid it in full last night. Need to know if this still has a possibility to go to foreclosure or if me paying eliminates the suit and foreclosure?
Expert:  Michael Gonzalez replied 2 months ago.
I thought you received a demand letter.Did you receive a Complaint for Foreclosure? If so then you need to file a response with the Court (either an Answer or a Motion to Dismiss) within 20 days of being served with the Complaint for Foreclosure.Either way, you need to contact opposing counsel immediately to resolve. Confirm the conversation you have with opposing counsel in writing.
Expert:  Michael Gonzalez replied 2 months ago.

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Expert:  Michael Gonzalez replied 2 months ago.


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