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My client is being sued by his Homeowner association and…

My client is being...

My client is being sued by his Homeowner association and want him to sign a document that will authorized foreclosure. The Annual fees of the association are $250 and they are suing him for $5,000+ He needs help

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

San Antonio, TX ...

Lawyer's Assistant: Has any paperwork been filed?

Not for the foreclosure

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

I have all the paerwork here

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Answered in 1 minute by:
1/8/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,028
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

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It sounds as though Attorneys fees and costs are being added to what he may owe. How far behind is he in his annual fees?

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Customer reply replied 7 months ago
Only 2016 and 2017. At 250 per year!! Wife lost her job but she's working again
Customer reply replied 7 months ago
I have to say that there was a little bit of neglect and the husband was not aware until 2 weeks ago

So they must be adding fees and costs, He does not want to sign anything agreeing to foreclosure. In fact he wants to settle this matter.

An HOA has a legal right to foreclose for past due fees. That being said a reasonable settlement can be worked out. Your client will want to speak to a local Real Estate Attorney that provides FREE consultations to work out a settlement. You stated this is in San Antonio. Is that correct?

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Customer reply replied 7 months ago
Definetively!

What is the attachment?

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I figured it was court costs for this to end up being in excess of $5.000

This is a link for local Attorneys that provide FREE consultations in the area. http://lawyers.findlaw.com/lawyer/firm/real-estate-law/san-antonio/texas The HOA must follow their own strict foreclosure requirements as well. The chances are good they may have overcharged as well.

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Customer reply replied 7 months ago
The payment agreement they want him to sign with all the fees. Notice that they are including 2018 and 2019 Assessment already!!

He should sign nothing. This is a link for Legal Aid and Pro Bono Attorneys that can assist as well https://www.justia.com/lawyers/real-estate-law/texas/san-antonio/legal-aid-and-pro-bono-services

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That is why I can assure they are not following proper procedures.

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Customer reply replied 7 months ago
Thank you so much!!!
I'll contact them right away

You are most welcome.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,028
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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