HOA post writ of sale note on my door Ej150 california count of orange

Started by DeanS1 • 15 replies • 1139 views

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DeanS1 (California)
Posts: 8

Posted:

I know when i post this many people will questioning what the hex of this guy. I know i screwup bigtime. I have hoa due behind 2 years due to divorce case pending. Plus other family matter. I know that was not case for an excuses.

Im here to ask for help and how to resolving issue. I do not want to loose properly period. In last 8 months working two job to getting money save up and payapp dues amountt. And yes i do have enough money just same days I receive writ off sale on my door. I would like to ask how to pay all these judgment that assessed an so on.. please help thank

TimB4 (Tennessee)
Posts: 21,059

Posted:

If you already have a notice of a foreclosure sale, you need the help of an attorney NOW.

Foreclosure laws vary by State.

Had you come to this forum earlier, I would have suggested contacting the Board with checkbook in hand and enter into a payment plan. Now, it may have moved passed that. This is the reason why I said to talk with an attorney or legal aid ASAP.

DeanS1 (California)
Posts: 8

Posted:

I have just enough $ to pay off the past due balance now.. im state o california and i just doig. Search and im not sure but it seam like this is notice of levy writ of sale but there is not sale date. I have google about the situation and i do agreed law vary by state but seem california has 90 days right of redemption, while other post else where say if i first recd this notice i have 120$ to work with hoa or creditor to enter payment plan or pay off the due.. payment plan is not my option i want to pay off period..

I have spoken to one of board member directors and explained my case and the board say will help but not sure can board help in this situation... any advice or any suggestion like form to file to court to abstract or jection the levy and work with hoa to pay off

DeanS1 (California)
Posts: 8

Posted:

I have contact two lawyer my my area and they charge $300/hr to to disused for the case.. exclude legal fee if i decide to hire them

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Foreclosures stop as soon as you pay what is owed. My suggestion is to contact the HOA NOW to work out a deal. Some HOA's are willing to waive a few of the charges if your willing to pay off all of the DUES. However, once it's in foreclosure you may have to pay it ALL. You have up to the time to pay it off to stop the foreclosure up to the time they cry it out on the court house stairs.

Now some states there is a period of time after a foreclosure sale the original owner can buy it back. Longest time is a year. However, that costs even more. The owner now has to pay what they owe and then any additional money the new owner paid out for repairs/maintenance. I am thinking California either has no period like that or is like 6 months. NOT sure on that. (Right of Redemption).

So go pay off what you owe NOW if you want to keep the home. I've foreclosed on a house. All the owner had to do was pay what was owed and the foreclosure process stopped.

Former HOA President

DeanS1 (California)
Posts: 8

Posted:

Im willing yo pay all due just dont know how to start what ground i take. Let put this way even if inwork with hoa them
Bod or forceslosure company .. sherfiff that bring paper put on my boor.. not sure whome should in contact any tell them yes i did fxck-up big tumez. Im here to pay off all my due.. and here is the money... just let get it over with. I search nolo.com there somethibg aboyt the right of redemption period but its to confusing what is non judicial

Some states give homeowners the specific right of redemption following a foreclosure by an HOA. In California, for example, if an HOA forecloses on a homeowner using a nonjudicial process, the foreclosure is subject to a 90-day right of redemption after the sale (Cal. Civ. Code § 1367.4). (Generally, there is no redemption period following the sale in a nonjudicial foreclosure of a deed of trust in California.

DouglasM6 (Arizona)
Posts: 724

Posted:

How long have you been a member in this HOA? You keep saying you don't know where to start. It's just like any other bill that is past due. You go to the creditor. It's okay to search around the internet for options and ideas, but contact the HOA NOW and tell them you have the money to pay. They probably will not even talk to you at this point. The next step is yours. You need to make the payment.

In my HOA there is a resident that is 5 years behind and the talks and discussions have stopped. It's litigation now.

Good luck. I hope you didn't wait too long, and I hope you don't lose your house.

NigelB (Texas)
Posts: 254

Posted:

You may or may not need an attorney.

But first, you should contact the HOA through their attorneys and request to negotiate a settlement. The notice has done what was intended and has gotten your attention. There's no reason to believe that the foreclosure has to proceed if you immediately contact the HOA attorney and request to negotiate.

In Texas, an HOA is bound by law to offer a delinquent homeowner a payment plan - you might be able to enter into an agreement for such a plan in your state.

Most courts do not want to foreclose on a property because a homeowner is delinquent on a couple of years assessments.

NigelB (Texas)
Posts: 254

Posted:

Quote:

Posted By MelissaP1 on 04/04/2017 4:27 AM
Foreclosures stop as soon as you pay what is owed. My suggestion is to contact the HOA NOW to work out a deal. Some HOA's are willing to waive a few of the charges if your willing to pay off all of the DUES. However, once it's in foreclosure you may have to pay it ALL. You have up to the time to pay it off to stop the foreclosure up to the time they cry it out on the court house stairs.

Now some states there is a period of time after a foreclosure sale the original owner can buy it back. Longest time is a year. However, that costs even more. The owner now has to pay what they owe and then any additional money the new owner paid out for repairs/maintenance. I am thinking California either has no period like that or is like 6 months. NOT sure on that. (Right of Redemption).

So go pay off what you owe NOW if you want to keep the home. I've foreclosed on a house. All the owner had to do was pay what was owed and the foreclosure process stopped.

The OP does not necessarily have to pay off what is owed to stop the foreclosure. The foreclosure is an action brought by the HOA through its attorney and it can be stopped at any time by the HOA.

It might just be that if the OP immediately contacts the HOA attorney and requests to work things out that they will cease or delay the action.

DeanS1 (California)
Posts: 8

Posted:

Last night i went talk to the bod and i have also email the hoa attorney. Due to after business hour i dont get them respond yet. The bod said they will help but im not sure what they going to do to help im sure board have power to do so.. the hoa manger just send me a text said that they cant get involve on this advise mento contact the hoa attorney in state..

If they dont want to talk to me nor ignore my email. I would like to know what other step i can take to protect my property from forceclosure by filing some sort information to the court if that still possible thank

NigelB (Texas)
Posts: 254

Posted:

Quote:

Posted By DeanS1 on 04/04/2017 8:16 AM
Last night i went talk to the bod and i have also email the hoa attorney. Due to after business hour i dont get them respond yet. The bod said they will help but im not sure what they going to do to help im sure board have power to do so.. the hoa manger just send me a text said that they cant get involve on this advise mento contact the hoa attorney in state..

If they dont want to talk to me nor ignore my email. I would like to know what other step i can take to protect my property from forceclosure by filing some sort information to the court if that still possible thank

You need to call the HOA attorney. The HOA manager can do nothing, all they do is manage the HOA for the Board of Directors. The Board of Directors have the absolute authority to settle the matter.

Get someone from the HOA attorney on the phone and speak to them.

DeanS1 (California)
Posts: 8

Posted:

Thank
The bod of this community pretty much relay in the management co. If the managment tell them that okay they will do it.. so pretty much bod work or management rather than management work for bod.. i have email the hoa attorney. Im awaiting for the to replay to my email should i call them? My concern if they nah we wont settle it we will process forceclosure. At at that point what am going to do. What type of paper i have to file at court to stop forceclosure.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Dean

Strike first. Send them a check for all you owe.

DeanS1 (California)
Posts: 8

Posted:

Very good idea strike first. Im doing it now..i just call the attorney office and yes property has not yet sale. Inoffer bring in 14k cash not check she say she will
Process it as soon as i pay it.. and give memo to the legal aid repsentatuve whom assign to my account she state will be fine..

TimB4 (Tennessee)
Posts: 21,059

Posted:

Get a dated receipt if paying cash.

DeanS1 (California)
Posts: 8

Posted:

Yes indeed! 14k posted.. kind of od on writ of sale totL due was $14600 so I bring only exactly same ampunt. When i was their they i recd and email direct to the legal aid with break down then going up to almost 16k$ since i bringing only 14600$ they said its okay i signing the check.. but i feel nah.. because check take up 4 weeks for the to proccess and credit the fund to the account.. that what they said. So i told them that i will coming back tomorrow with remainingnin cash.. because i have to going back to work now... they like dont worry wiin next few days is fine... but i do have receipt showing amount posted to the account ok same day for 14600!!! So i guess im should be ok since they say cash payment posted right away.. what do you giy thing did the attorney playing games taking money and also keep
Processing force closure.. or they really nice with me...o

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