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PaulG12 (South Carolina)
Posts: 12
Posted:
Looking for better suggestions...

Please note: This all happened prior to the current BOD taking office, therefore I'm definitely not looking for advice on what 'should' have been done then. Need help getting this to move forward.

We had a homeowner that was foreclosed on and is no longer in the neighborhood. The Foreclosure is more than final and new owners of the property are already in. Prior to all this though, there were a couple years of outstanding dues that were never collected. We have managed to collect from the bank the portions of dues that were owed from the time the foreclosure was final to they time they sold it to the new owner, as well as the new owner is paying properly.

We have filed a complaint in the local magistrate's court, but the dilemma is that we keep missing on the address where they are living. We first tried using the address that the atty's were using in the foreclosure, but they have since moved. I tried using one of those address look-up sites, but on both occasions the results were to an address that doesn't physically exist (trying to get my money back out of those id10ts).

I'm looking for ways to just simply find them. I don't think they are specifically hiding, I just think my methods have just been unfortunately unsuccessful. Mind you, we don't have the extra funds to hire some expensive atty or investigator, so any cheap way to locate these guys would be helpful.

Thanks!!!
MarkM31 (Washington)
Posts: 556
Posted:
Write it off.

When does the statute run out?
PaulG12 (South Carolina)
Posts: 12
Posted:
Writing it off doesn't help me find the previous homeowner...that is a not a suggestion on how to.

Again, I'm not looking for 'should haves', nor am I asking what the HOA should do. We already have a path forward, I'm only looking for suggestions on how to possibly find the previous homeowners without spending a bunch of money doing it.

It is a significant amount of money that they owe that the would really help the HOA, however, because of things like this being allowed to happen over the previous years (and prior to us taking back control of the HOA), it has put us in a very bad situation, and we are very cash poor. Hence the need to find these people without spending a large sum of money to do so. In the end, we can most likely get it back, but we don't have it to spend at the moment.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
No need to throw good money after bad. Write it off as a lesson learned and move on. Considering these people were foreclosed on indicates your trying to get money out of a turnip anyways... (BTW Tax records may help in your search depending if the sell happened in the last few months).

The thing you all need to do now is to implement a proper collection policy. This means it has to be in the rules and understood by all. You can't just decide randomly this person owes because we are just tired of their attitude or violations... That truly is a situation of putting yourselves in selective enforcement.

We have a policy of 6 months we lien. Unless we make payment arrangements in those 6 months, we go for the lien. The lien is to include late fees, interest (allowed per state %), backdues, and filing/legal expenses. It can NOT be for fines. We may make a deal where we will take off the late fees and interest if they will pay the whole amount to lift the lien. However, it depends on the situation as you can make different adjustments if it gets the money in.

As for foreclosing... That is another kettle of fish. We wait a year before CONSIDERING foreclosure. You can NOT foreclose for fines or if the person is active duty. Plus you should never foreclose on a property that the bank is already foreclosing on. If you do that, your doing the bank's work for them. The bank gets paid first and foremost. (Unless your in a few states that allow "super liens" those only make you equal to the bank). It's a losing deal for the HOA to also own the foreclosed property in most cases. I would only consider following through with a foreclosure in very certain circumstances otherwise nothing wrong with leaving a lien on for over a year or more.

Putting the policy into place saved us. I would focus on the preventative than pursuing this bad debt. It's not worth it.

Former HOA President
MarkM31 (Washington)
Posts: 556
Posted:
How old is the debt?

Find a google wiz first
PaulG12 (South Carolina)
Posts: 12
Posted:
@ Mark, Thanks....that's a start.

@ Melissa, I'm afraid you might have not fully read, nor understood the first couple posts. We already do have an enforcement policy, but what I can't help is that the previous BOD did not follow and therefore let things get behind (years behind....a mess the completely new BOD is cleaning up). An enforcement policy is only as good as the people enforcing it..

To put it in perspective, I took over as President in Early August 2014, along with a whole new board. The foreclosure on this property back to the bank was official late August. This clearly didn't give us time to act as we were just getting our heads around the [bad] position of the HOA. The previous owners vacated the property approx 6 months prior. In this situation, regardless of what our covenants and/or bylaws say, we are not talking about us foreclosing. In fact (again), we already have a path forward and have filed the necessary complaint in the courts and are moving forward. Unfortunately for us, the service (by the sheriff) has failed because the address is no longer accurate...they have moved on.

The fortunate part is that I can continue to keep the case in our jurisdiction, because I can show that it originated here and the court have confirmed this. So I'm not worried 'where' these people went, I just need to find them so I can have them served.

We'll cross the bridge getting the money out of them once we get a judgement from the court, however, in order to get the judgement, we need to find them. Can you help with that?
TimB4 (Tennessee)
Posts: 21,059
Posted:
See if your Attorney or another company can do a credit check or asset search on the individuals.

This should identify bank accounts and other property, if any, that are being held by them.

Those companies should have an address. However, it may take an attorney to get that information from them.

At some point, the collection costs will exceed the actual assessments due. If you haven't found them by then, it may simply be better to write the debt off.

MarkM31 (Washington)
Posts: 556
Posted:
How much $ are we talking about?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Paul,

First let me say that I agree with all others that you should just forget about this debt. I am curious just what you think will happen if you do locate the former owner? Do you think he is going to hand over a bag of Kuggerrands and say, "Help yourself?" The reality is that even if you find him, even if you sue him, and even if you obtain a judgment, your chances of collecting from a deadbeat are almost zero. You would be money ahead to invest your association's funds in Powerball tickets.

But if you want to try to locate the former owner, you might look into the following. (BTW, the statute of limitations normally "tolls" (takes a breather) when a person cannot be found.)

Magazine publishers and other mass mailers have a database for tracking their customers. I do not know who maintains this or how one subscribes to it but it is amazing what they have.

Several years ago a family member was being harassed on the internet by a bunch of nameless little trolls. Over time the rest of our family became targets of these morons. One of them obtained a list of addresses that absolutely blew my mind away. The list started off with every mailing address back to the 1960's that the family member ever had, including my parents' home. For each address the list included the names of some others who had once received mail there. Then I found that my name was on the list, with a fairly complete history of everywhere I had ever lived, including the home my wife owned when we married. Her history was in there as well as her deceased parents'. I have no idea where, exactly, this list came from but it was incredibly accurate as to my own information but my point is that this information is out there and it is available if you know where to look. I do not know where to look.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
'Google' : skip tracer
JohnB26 (South Carolina)
Posts: 1,001
Posted:
posted simply for price comparison purposes

not an advertisement - no personal knowledge or stake in vendor

http://www.skiptracing.com/onlinePI.htm
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JohnB26 on 03/23/2015 9:06 AM
posted simply for price comparison purposes

not an advertisement - no personal knowledge or stake in vendor

http://www.skiptracing.com/onlinePI.htm

I would not waste my time with someone advertising this service to the general public and taking payment with PayPal.
JohnB26 (South Carolina)
Posts: 1,001
Posted:


posted simply for price comparison purposes

MelissaP1 (Alabama)
Posts: 13,836
Posted:
My question is when the money was owed was it when the HOA is Developer controlled or Member controlled? I thought in previous postings the money was ignored by the DEVELOPER HOA group. If that is the case, the member operated/owned HOA may not have a claim on that previous owner. The developer would have to pursue NOT the current HOA.

I think you are not listening to a lot of us with many years of experience in this matter. It's NOT worth the effort, worry, and the chance of collection. Unless these people by miracle won the lottery and that is why they moved, your digging a bigger hole for yourselves. When I say that, I mean ALL your members. It's their money too NOT just the boards.

I had a renter who took me 5 months to evict and owed me several months of back rent. Finally able to evict him and he owed me a few grand. The max for small claims court. However, I did NOT have his social security number. (HOA's are NOT required to have this information). I did know where he worked as he owned his own company. However, the location he moved to was on the OTHER side of the County line. Same city but different county. He also did NOT have a mailbox and only used a P.O. Box. Can not serve on a P.O. Box. It was FREE to collect in my county but would cost me $300 to serve papers. Plus the sheriff served papers on their own timeline NOT mine.

I would NOT have been able to recover the cash owed. Instead all I could recover was a motorcycle or a dump truck he owned. I would then have sell them to collect the money owed and give him back any "profit" over the amount they owed me. So the motorcycle was worth maybe $5K IF it was in working order. I would have to sell it to someone for $5K then give him back the $2K difference. This was AFTER paying the $300 and towing fees to get the bike.

In the end, my legal fee was $500 to evict, $300 to collect, and several months of chasing the guy down. Time and money to collect money I already had lost. It's not like the money I collected was a "Profit". It is to fill in an existing hole. As the court can ONLY make one "Whole" and NOT a profit. So even if you go about this all legal like, your just collecting a debt. One best written off on taxes and lessons learned.

I never collected the money owed. Just not worth it. I needed him to move out so I could sell the house. Which I made a profit on. Ironically, the amount he owed...

Former HOA President
PaulG12 (South Carolina)
Posts: 12
Posted:
The amount we are trying to collect just short of $1000. To many of you, yes, this amount is not worth the effort.

Lets face it, we all have our unique instances where we have to sit down and make a judgement call, and determine if the "juice is worth the squeeze". In this instance, we have done just that, and the consensus is that we proceed. We know how much is owed, and we know what certain costs are, and what risks are present. Given these items, it was chosen to proceed.

I'm not going to try to speak to what sheriff service costs (or other costs) are in Alabama, or any other state other than SC. However, I will shed this little tidbit of light that helps keep things in perspective for you all. As I mentioned above, the outstanding debt is roughly $1000. Our total annual operating budget is only $5,500. So you can see by those two figures alone, that if we are able to locate the previous owners, get a judgement, and follow that up with the writ, then even at the end of the day if we only get 50% of that, it still makes up a significant portion of our overall revenue.

Secondly, the cost for all of this to this point has been very small. $80 to file the complaint and have them served. And yes, service was done by the sheriff. Unfortunately, they have moved. We tried again with a new address also within the same county, but it seems they have moved from there also. This second service cost us $10.00 to have the sheriff try the new address. We since learned of a new address outside of the county, but the way OUR court system works (flawed or not), the court provides us with a summons already prepared for mailing via USPS certified mail. All we have to do is pick that up and take it to the post office and return the receipt to the court. This costs us all of $7.91, plus $0.35 because I had the little shop next door make a copy of the receipts for my own record.

As you can see from all of this, the fact that we have spend less than 10% of what we are trying to collect, continues to make pushing forward worth it. However, yes, we all understand that at some point, this may become not worth it, but we are not at this point yet. Right now, it all hinges on if we can locate a valid address (cheaply), and if so, we will invest another $7.91 + $0.35 to have service sent there (or $10.00 if it is actually in our county).

Once we can get into the court room, the case is quite simple...they owed, didn't pay, we have all the records to support it. We will walk away with the judgement against them that will entitle us to recoup most of the money spent charging them. After that, there is another less than $80 fee that sends the sheriff to collect (writ of execution like document, but not called that here). I don't care if he collects cash, or something has to be sold off. That discussion is between the defendants and the sheriff and does not involve us in that process.
ChristineL1 (South Carolina)
Posts: 9
Posted:
If you have a previous address (I think you said that you were one address away from finding them), why don't you send them a letter to the old address with ADDRESS SERVICE REQUESTED listed on the envelope? If they are within 18 months of moving from the address you'll get the letter back with their new address on it for a small fee from USPS. Landlords use this all the time...

Good luck!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My HOA's monthly income is also $5K a month. A HOA is ONLY to spend as much money as it collects. Nothing more and nothing less. I think you are getting into the mind frame of what you do as a PERSONAL level in collecting money. Your NOT doing this on a "Personal" level but as a GROUP. This is a BIG issue for most HOA's boards to understand. Your job as the BOD of your HOA is to manage the money on the behalf of ALL the members. I think if your going to go after former owners, you may want to see the consensus of the rest of your HOA's attitude.

I am sorry you don't want to hear the advice of others here. You know what you are going to do and want justification for it, you come to the wrong group of people. We are mostly realist here who have been down this route more than once. I know I have. It's honestly NOT worth it as you are just planting holes and not filling them up.

There are just so many rabbit holes one can chase before you trip and fall into one can't see the light in... Knowing the costs of collecting on a bad debt even if it was "free", it's still not worth it. Sorry, but I can live with someone owing me money if I know that will never happen again...

BTW: A lien on this person in the first place would have prevented this entire issue. They could not have sold their house until they paid. A lawsuit does NOT do this. Which is where collection is a good luck deal...

Former HOA President
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By ChristineL1 on 03/23/2015 10:32 AM
If you have a previous address (I think you said that you were one address away from finding them), why don't you send them a letter to the old address with ADDRESS SERVICE REQUESTED listed on the envelope? If they are within 18 months of moving from the address you'll get the letter back with their new address on it for a small fee from USPS. Landlords use this all the time...

Good luck!

I don't think that cuts it as a legal means of summon
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By PaulG12 on 03/23/2015 7:54 AM
Writing it off doesn't help me find the previous homeowner...that is a not a suggestion on how to.

Again, I'm not looking for 'should haves', nor am I asking what the HOA should do. We already have a path forward, I'm only looking for suggestions on how to possibly find the previous homeowners without spending a bunch of money doing it.

It is a significant amount of money that they owe that the would really help the HOA, however, because of things like this being allowed to happen over the previous years (and prior to us taking back control of the HOA), it has put us in a very bad situation, and we are very cash poor. Hence the need to find these people without spending a large sum of money to do so. In the end, we can most likely get it back, but we don't have it to spend at the moment.

Here’s a link to a webpage with some tips on how you could use various Internet sources to try and find the homeowner – no guarantees, but it’s a start.

http://websearch.about.com/od/peoplesearch/tp/peoplesearch.htm

You might also want to talk to your association attorney – he or she likely uses certain legal databases for the work (e.g. Westlaw), which has some resources for finding people. Again, not a guarantee of anything, but it’s better than nothing.

As a practical matter, I have to agree with everyone else in that you’re better off spending you time and energy in moving on and writing off this account. As a former Board treasurer, I feel your pain and agree it would be great to collect the money if you can find the homeowner, but you still have to keep the statute of limitations in mind (your attorney can give you more information on that).

Also, someone (you?) will have to be willing to take the time to sue those “cheap” methods to find the homeowner. Are you willing to spend several hours, a day or more on this? If you or your fellow board members can’t or aren’t willing to do it, you’ll have no choice but to pay a skip tracer (who may have more resources than you do). Time is money, after all, so one way or the other, you have to pay - better to spend your energy and resources in making sure this won't happen again.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PaulG12 (South Carolina)
Posts: 12
Posted:
@ Christine - THANKS. This is the type of feedback I actually looking for. In fact, I'm giving this a shot, I had received this same advice from another person (not here) and have just put letters in the mail to hope to accomplish just that.

@ Melissa - I fully see now why rabbit holes come to mind when you decided to respond. It is clear that you are simply not reading the details and blasting your opinions back at someone that never asked for them. If you'll be more detailed in your reading, you'll see that:
1: there is no 'also $5k a month'. I clearly stated $5,500 ANNUALLY, in which this makes the process worthwhile (and far different than your situation).

2: Your assumptions are way off base:
2a: I never mentioned a DEVELOPER, that was an incorrect assumption on your part.
2b: I'm also clear on our role as the BOD as well as we have a clear path forward defined that includes the by-in from our members. You 'thinking' otherwise is also an incorrect assumption
2c: I never asked for, nor implied that I want justification, nor approval from you or anyone else here. The ONLY thing I asked for was ideas on how to find the previous homeowners. I was very explicit in this request from the beginning.

3: Lastly, if you'll go back to the very first post here and read again, this time paying attention to the details, you'll see that I was also specific in saying that in no way we wanted advice on what the HOA "should" have done. We all here know very well what the HOA "Should" have done. And if it were that simple to just go back and do that, don't you 'think' we would have already gone that route??? Of course a lien would have been the right way, but that boat has sailed. We have explored other avenues to potentially collect all, or at least some, of the past dues, and this is the decision we have chose. Just because we are using a lawsuit and not a lien does not mean we will not collect...that part we will see.

Thanks to those that have actually provided possibilities for finding the previous owners, and to those of you more interested in telling your story verses helping locating the previous owners....please just stop.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MarkM31 on 03/23/2015 11:29 AM
Posted By PaulG12 on 03/23/2015 10:54 AM

Thanks to those that have actually provided possibilities for finding the previous owners, and to those of you more interested in telling your story verses helping locating the previous owners....please just stop.


The wambulance is on the way. Such are the inherent dangers on asking anonymous questions on the web, you may not get an answer to the exact question you asked. You do have remedies, get over it.

The OP did make it clear (in fact he repeated himself) what he was asking for and that was how to fidn a person. He was not asking for advice on why.

I realize one can get off the mark replies to a posting but he was clear what he was asking for.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By MarkM31 on 03/23/2015 10:36 AM
Posted By ChristineL1 on 03/23/2015 10:32 AM
If you have a previous address (I think you said that you were one address away from finding them), why don't you send them a letter to the old address with ADDRESS SERVICE REQUESTED listed on the envelope? If they are within 18 months of moving from the address you'll get the letter back with their new address on it for a small fee from USPS. Landlords use this all the time...

Good luck!


I don't think that cuts it as a legal means of summon

Mark,

I think you missed the point. The objective is to get the new address by mailing something to the old address. The post office should return the letter with an address correction, that is, a new address. Then you you have to determine if that new address is where they are. If so then sic the process servers on them.

BTW, if the sheriff will not serve process because it is out-of-county then you either have to refile in the defendant's new county or hire a private process server. The cost of a process server is normally recoverable as part of the judgment.
KerryL1 (California)
Posts: 14,550
Posted:
I can sympathize with you, Paul. I don't post questions often, but the last two I posted, I, too, begged responders to stick with my question. But some who replied could not resist giving a lecture about the past, etc. I guess some people have an inner compulsion to type no matter their inability to answer (just like I am now!!!).

Christine's method seems worth a try!
AllisonD (Florida)
Posts: 449
Posted:
Quote:
Posted By PaulG12 on 03/23/2015 10:54 AM
@ Christine - THANKS. This is the type of feedback I actually looking for. In fact, I'm giving this a shot, I had received this same advice from another person (not here) and have just put letters in the mail to hope to accomplish just that.

Thanks to those that have actually provided possibilities for finding the previous owners, and to those of you more interested in telling your story verses helping locating the previous owners....please just stop.

Most process servers can do a skip trace if you are not comfortable using the link someone provided here. Sometimes the clerk of court has a list of process servers registered to do business in the county, depending on the state rules. The sheriff's are the cheapest way to do process service when you have an address, so get a current address via skip trace and then have the local sheriff at the new address serve the papers. You do not have to mail them certified mail... you can do certified mail but personal process service is the best way. Chances are they may have moved to a new hoa and sheriffs are able to gain entry when regular process servers cannot. Good Luck!

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