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I live in a townhouse that has an HOA. I am behind on those…

Customer Question
I live in a...

I live in a townhouse that has an HOA. I am behind on those payments and offered to make payments of $150 additional per month. They made a counter offer of $1000 a month. There is no way I could ever afford that. Should I seek assistance from an attorney in this matter so there is not a lien placed against my house?

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

Brevard county Florida

Lawyer's Assistant: Has any paperwork been filed?

Not that I am aware of. I looked up public records myself and did not see anything

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

Not that I know of. Thank you

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/30/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 33,337
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 9 months ago

Good afternoon. How much is past due and owed?

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Customer reply replied 9 months ago
Hi. Was given a total of $13867.90 with no breakdown to that.
Customer reply replied 9 months ago
I would like a call but I am at work in between patient care at this time
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

Thank you for the reply. They should provide you with a breakdown of what is owed. The Board does have the decision to accept a payment plan and if one cannot be agreed to, they can turn this over to their attorney and they can go after you for the money, obtain a lien and foreclosure. $150 a month would take a very long time to pay this off, so they do not have to agree to that. Keep in mind, that if you hire an attorney, that they are going to charge you, so you need to decide if the money is better applied to the debt, rather than legal fees, when the money is owed. Unless you have a legal defense, as to why you should not pay or this is owed, there may not be much the attorney can do.

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Customer reply replied 9 months ago
Thank you for your reply. For now I will try to negotiate. If they do place a lien, what happens with that? Am I allowed to make payments or save until I can make the total payment?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

They could proceed and foreclose if they wanted to. You can always try and pay the debt down and settle this but if they wanted to, they could aggressively proceed and foreclose and force the sale. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 9 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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