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DanaM4 (Florida)
Posts: 5
Posted:
A lien was put on my property by the hoa attorney. They field an improper lien with a false amount of money. Now I don't know what to do or how to fight the lien on my property. Can anyone give me some advice please?
RayC4 (Virginia)
Posts: 173
Posted:
Dana, you don't give much info here. Why was the action improper? Why was the amount wrong? Whatever the case, normally there is plenty of back-and-forth between a member and the HOA (i.e. conversations, meetings, warning notices, etc) before it gets to the Lien stage. In my state there has to be an opportunity for a formal hearing regarding the violation per se, if the member feels it to be unjustified. If the HOA attorney is moving against you, you need an attorney of your own and fast.
DanaM4 (Florida)
Posts: 5
Posted:
I fell behind on my maintanence and the lawyer sent me a letter. I paid everything but $22 because I refused to pay the postage. Everytime they sent me a certified letter they charged me $10 and $11 and I know it doesn't cost that much because I sent them letters that only cost me $5 to send. So I received another letter from the attorney telling me I now owed the $199 so I called to see why. They told me I owed April and May payments and now I owe another $9 for postage and $25 for the letter. I told them I already maid both payments and I maid them to the hoa. She said she would check into it but they put a lien on my property instead and it was for $1500 and I don't know how they came up with that amount. They know it's an improper lien and they said they can fix it which will cost me another $100 or i could settle for half of the new amount which is now up to $600 with extra lawyer fees and fines. I don't want to pay it because I really only owe them $22 for postage and that's how all this got started. I don't have money for a lawyer and I was gonna try to contest the lien.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
nooooooooooooooooooooooo....

unfortuneately you owe them $22 for postage plus any and all costs they incurred to collect it (the lawyers fees)

you have two coices:

pay up now

OR

get your own attorney and fight it out to the death (you will probably lose)

my advice:
if you can't afford the ammenities your dues are buying ~ move into a cheaper home

sorry for the tough love, but, facts are facts
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
i could settle for half of the new amount which is now up to $600 with extra lawyer fees and fines.


Settle. If you refuse to pay, its only going to go up. Just wait until they foreclose on you, you will have to pay the fees and lawyer fees usually run $8,000 or they take your home. Refusing to pay is not an option. Sorry.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
I paid everything but $22 because I refused to pay the postage.


You need to realize you caused this. By paying late, you caused these fees, and failure to pay them, results in more fees. Pay on time or early.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If you paid the dues, then you have bank statements to prove it. The burden is on you to provide that information. That will be part of your proof in fighting the false lien. Why was it ever fair for you not to pay the $22? Just because you did not agree with it? If this went to court, the court would make the HOA "Whole". Which means that $22 is the amount they were out dealing with this issue.

How they got the $1500 amount may be a combo of things. The 2 missed payments, late fees, interest, lawyer bill, and the amount of the lien itself. Plus add onto the previous debt. It will cost you to take off the lien regardless. Just limit your damages.

Former HOA President
JohnB26 (South Carolina)
Posts: 1,569
Posted:
DITTO

end this now before it gets much much worse for you



ps. your HOA directors are really scuzz-buckets ~ in lieu of other words
DanaM4 (Florida)
Posts: 5
Posted:
I have proof that I paid my bill n the $1500 that they claimed they went back to 2010 nad 2011 which were paid and had nothing to do with what is going on now. What are my chances if i contest the lien. If I go to court what are the chances of me winning?
DanaM4 (Florida)
Posts: 5
Posted:
You have no idea how bad my hoa is and I don't know who to complain to. They are doing illegal things and no one kows how to stop them. Who over sees hoa?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
What are my chances if i contest the lien. If I go to court what are the chances of me winning?

Sounds like 2 seperate issues. Your chances of winning the 2010-2011 debt depend on if you paid or not. Your chances of winning the $22 short payment are zero.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Who over sees hoa?


In reality, no one. If you have an individual issue, you need to bring them to court.
DanaM4 (Florida)
Posts: 5
Posted:
thanks for the advice I guess I'm just gonna settle for half the amount. I don't want to risk anymore fines or loosing my propery.
AllisonD (Florida)
Posts: 449
Posted:
Dana, if you had a previous outstanding balance and have proof of payment, show them the proof and ask for the lien to be removed. If you do not have proof of that payment, then you are out of luck. Perhaps your board was asleep at the wheel and did not do the lien years ago when they should have or perhaps there is a policy not to do a lien unless a certain threshold is crossed which you may have done more recently. Maybe you stalled the lien by making some smaller payments and the board held off in the hopes you would catch up. In any case, you should supply proof of payment to get the lien removed. Or pay the outstanding fees and all the costs associated with collecting your fees.
AllisonD (Florida)
Posts: 449
Posted:
Oh I just reread your post, maybe they did a lien years ago and after you paid, they did not remove the lien and that is why its still there. The board must file to remove the lien.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By DanaM4 on 07/23/2013 9:36 AM
thanks for the advice I guess I'm just gonna settle for half the amount. I don't want to risk anymore fines or loosing my propery.


You need to figure out if the money you pay them will settle both issues, or just the lien. And before you pay the lien, figure out if you already paid or not. Cancelled checks, bank statements, etc.
MikeR15 (Massachusetts)
Posts: 389
Posted:
Do NOT listen to these putzs.

They are nothing but shills for the HOA attorney.

Send a letter immediately to the HOA and the HOA attorney demanding that the lien be released!

State as a reason the fraudulent statement of money owed. KEEP ALL COPIES OF ANY LETTERs SENT OR RECIEVED.

Then.....contact any legal help you can find.

Many good lawfirms (the oppostite of HOA law firms) will consider taking your case pro bono (for free)

HOA lawyers are known as "toileteers" in the world of real law, and many lawfirms will help you out, out of pure digust.

Contact the Attorney General by phone and THEN BY LETTER stating the FRAUD by the HOA attorney (you need to establish a record, so keep every shred of paper here)

Contact the District Attorney's office by phone and THEN BY LETTER and alert them to the FRAUD (yes, keep using that word because that is exactly what is happening)

Again, KEEP EVERY SHRED of paper generated.

If you talked to the HOA attorney, and they told you something false (expect that EVERY time)

Summerize the conversation and then send it in a letter to the HOA attorneys office.

What they are doing to you is what they do to thousands of people every year.

They are ripping you off!

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Judge: Did you know you were late with your dues?
Defendant: Yes.
Judge: Judgement is for the HOA, you can pay the clerk on your way out.
MikeR15 (Massachusetts)
Posts: 389
Posted:
How true Steve!

If you owe money to the HOA you are screwed, no doubt about it.

And the HOA attorneys know they can tack on whatever the hell they please and almost always get away with it.

It is those folks, the financialy distressed ones that are the MOST vulnerable in these places, with no where to turn.

In my HOA, some poor guy lost his job, fell behind on his dues....

And when the HOA attorney was through with him, they had QUADRUPLED his debt.

Is that how you grew up?

Did you kick your neighbor when he was down?

Were you just some preditor in your neighborhood?

OF COURSE NOT!

We used to help out our neighbors!

Now....we call them 'deadbeats' and pick over their 'deadbeat' carcasses like vultures.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By MikeR15 on 07/23/2013 12:41 PM
Do NOT listen to these putzs.

They are nothing but shills for the HOA attorney.

Send a letter immediately to the HOA and the HOA attorney demanding that the lien be released!

State as a reason the fraudulent statement of money owed. KEEP ALL COPIES OF ANY LETTERs SENT OR RECIEVED.

Then.....contact any legal help you can find.

Many good lawfirms (the oppostite of HOA law firms) will consider taking your case pro bono (for free)

HOA lawyers are known as "toileteers" in the world of real law, and many lawfirms will help you out, out of pure digust.

Contact the Attorney General by phone and THEN BY LETTER stating the FRAUD by the HOA attorney (you need to establish a record, so keep every shred of paper here)

Contact the District Attorney's office by phone and THEN BY LETTER and alert them to the FRAUD (yes, keep using that word because that is exactly what is happening)

Again, KEEP EVERY SHRED of paper generated.

If you talked to the HOA attorney, and they told you something false (expect that EVERY time)

Summerize the conversation and then send it in a letter to the HOA attorneys office.

What they are doing to you is what they do to thousands of people every year.

They are ripping you off!


To the OP YES by all means consider the advice Mike has provided.

Mike has a real good lawyer who represented him. He paid $50,000 and then the lawyer asked to be removed from the case.

Or you could do as Mike has done engage in 10 years of litigation representing yourself and go 0-5 in court against your HOA.

Mike also highly recommends a $250 on-line law course. He paid for it and claimed it got him all the results he now howls about. 0-5

Mike's suggestions about lawyers taking your case for free I would not put to much chance in that.

Mike's suggestion about the attorney general well is many states they have no role in HOA disputes.

And Mike's suggestion about the DA well more than likely this would be seen as a civil matter not a criminal act as Mike's suggests.

To sum it up Mike has a long history of failure with legal opinions not backed by facts.
He has engaged in years of litigation with his own HOA and has accomplished ZIPPO.

Now having no the cards to play he whines and cries like a little girl about how EVER HOA, EVERY HOA BOARD, EVERY HOA lawyer is rotten to the core. Believing most folks with at least 1/2 a brain would see through his insanity.

Listen to Mike, end up where MIKE is. Foaming at the mouth about what should be and in fact never will happen.

My suggestion ask for a complete accounting of the charges made to your account and then reach a settlement ASAP. The hole will only get deeper the more you delay.

The postage charges are NOT what the post office would charge but rather the cost of having a law firm do a mailing. As you were behind in dues more than likely they can add the costs of seeking payment from you.

PAY your HOA dues either early or on time and you won't have a problem.

MikeR15 (Massachusetts)
Posts: 389
Posted:
Oh and Dana?

I have to thank Jon for reminding me about one more piece of advice.

Be prepared to have at least one, possibly several, board members after being challenged about the fraud...

To go absolutely bat #$$# crazy on you. I'm talking drooling, mental patient (just picture one in his assless smocks) crazy

too. They will personally attack you with

all sorts of bizarre vile crap.

This is SOP in HOA land, and as you can imagine, it works for them fairly well.

Sad but true
JonD1
Posts: 2,350
Posted:
Quote:
Posted By MikeR15 on 07/23/2013 4:39 PM
Oh and Dana?

I have to thank Jon for reminding me about one more piece of advice.

Be prepared to have at least one, possibly several, board members after being challenged about the fraud...

To go absolutely bat #$$# crazy on you. I'm talking drooling, mental patient (just picture one in his assless smocks) crazy

too. They will personally attack you with

all sorts of bizarre vile crap.

This is SOP in HOA land, and as you can imagine, it works for them fairly well.

Sad but true

In 10 years Mike in the 5 cases you were the plaintiff against your own HOA just how many have the court ruled in YOUR favor?????

The answer would be ZERO.

I rest my case......
MikeR15 (Massachusetts)
Posts: 389
Posted:
Q.E.D

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