ATTN: Lender contact for dues payments!

Our HOA was so fed up with homeowners not paying their dues, we sent an e-mail to a Senior Executive Vice President at Wells Fargo and rec'd an immediate response from their Default Operations Support First Lien Litigation division! They are contacting the property owner direct regarding the delinquent dues payments and if they receive no response will pay our HOA 6 months back dues (in Washington).

Thought this might be helpful for everyone else out, so here's the contact info!

Wells Fargo Home Mortgage l 8480 Stagecoach Circle l Frederick, MD 21701
Fax 866-934-2539

Thanks for that information.
I hope this will work for Bank of America. One of our delinquent owners was bragging to me that she is not paying any of her bills (mortgage with BoA, dues, water bill, etc.) and that she is going file for bankruptcy. She rents out two rooms of her townhouse and still gets a paycheck. Her free-ride attitude has me fuming. Time to call someone.

THANK YOU! And thanks to everyone who participates on this forum!

Would someone please explain how it is that a lender can be contacted about HOA fees and then step in and pay them . If this is the case couldn't anyone you owe money to (regarding the property) contact the lender and ask them to "pay up"

I would be very surprised at this. If the owner goes BK, the fees are discharged. In this market, the HOA ultimately will not usually foreclose, because the home is upside down, and the HOA cannot take the home away from the first mortgage. If the bank forecloses, the arrears HOA fees also are extinguished. The HOA has civil recourse against the former owner, if they are not bk, but often with little success. you can't get blood out of a turnip!

In our experience, over many years, once the bank forecloses, they also do not pay hoa fees monthly, but of course do settle the account at time of ultimate sale.

I agree with John from California's post. Even though the mortgage/bank company is aware of the HOA and the rate of dues, they aren't in the business of enforcing people to pay them. They USE the HOA amounts in FACTORING if you can afford the home. It can be part of the pre-approval process. That is because like utilities or other similar debts, your on the line for them. Essentially if you buy a 100K home and your payments are $500 JUST to the bank/mortgage and your dues are $100 a month. They consider your Debt ratio includes $600 a month for housing and NOT the $500.

I state this because calling a bank/mortgage to report non-payment may have little or no effect. If the HOA does start receiving some kind of money from the bank then that means the home could be in foreclosure. The bank or even a debt consilidator is trying to avoid a LIEN. This would raise a red flag to me to keep an eye on this property. It's soon to change ownership hands and a HOA should keep up with this information.

If it were me... I would still put a lien on the property. It's free or at little cost depending on your state. Even IF the other side fails to pay the HOA still has a legal document stating money is owed.

No we did not use an attorney to contact the lender, but we were in the process of working with an attorney to foreclose on our 2 liens.

This was the jest of the letter:

We realize your time is valuable and we appreciate you taking time to review this request. Can you or someone with your Home Mortgage Dvisions assist our HOA regarding the requirement under the PUD Rider which was executed as part of this mortgage? This document states the borrower shall perform all the borrower's obligations under the PUD documents to pay when due all dues and assessments.

One of the homeowners in our subdivision is seriously delinqent on her monthly dues assessments and special assessments. The Association has placed 2 liens on this property for collection of those payments. We have tried everything we could possibibly do to ge this person to communicate with the association and pay but she has been extremely uncooperateive to the point of outright ignoring our homeowners association attorney and all other attempts to collect.

Before the Association hands this matter over to an attorney to foreclose on the 2 liens the assocition has, we thought an attempt to deal with the lender might be prudent. Is this something we can look to the lender to help resolve prior to the association foreclosing on the liens or not?

Thank you for your time and consideration in this matter.