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My HOA is suing to foreclose on my paid off home. Jupiter…

Customer Question
My HOA is suing...

My HOA is suing to foreclose on my paid off home.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the home located?

Jupiter fl. We have been harassed about too many cars, boxes not being broken down in trash, flying a drone, walking dog off leash.

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

We are interracial and I have been called the "N" word as I lay my head at night. We inherited this property outright. One party who is on the committee brother attacked me and I went to jail (pending).

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
3/15/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,316
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 4 months ago

Good morning. I am sorry to hear about this. What is the basis of the foreclosure? Is it related to your HOA dues and them not being paid?

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Customer reply replied 4 months ago
No... petty things like not breaking down boxes, flying a drone, not walking dog on leash, alleged pot smell
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago

So what are they alleging in their complaint? Those things typically result in fines if not corrected, because of the violations. Not foreclosure.

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Customer reply replied 4 months ago
I have a summons talking about basically wanting our home
Customer reply replied 4 months ago
How to counter
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago

Thank you. You want to retain legal counsel to represent you. I say this because there needs to be a legal basis to foreclose. Typically, with an HOA, it is a result of not paying your dues or fines and it getting to a point, where the HOA has no other choice. When you took ownership of the home, you were required to comply with the rules and regulations of the community. If you did not, the HOA could enforce them and issue a fine, if they were not cured. A dog needs to be walked on a leash, at all times. If boxes need o be broken down and not just left, that needs to be done also. If these things are not done, you can be fined. Now, if this is the basis, you can contest it and file a counter-claim against the HOA, as this will not only need to be defended but you can go after them ,if you have a legal basis to do so.

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Customer reply replied 4 months ago
I took pics of other boxes by neighbors, no one is supposed to have a dog but neighbors do... ours is medical... these people are bullies
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago
If they are discriminating against you and not enforcing the rules and regulations evenly, you could have a defense but you need to respond to the complaint and answer it and raise any defenses if they are trying to foreclose.
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 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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