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AudreyH2 (South Carolina)
Posts: 5
Posted:
Greetings,
If the association passed a special assessment,with the only options of pay in full or sign the promissory Note that contains different amounts,errors, and as a principal and not a surety.This begin in January and was through January this year.
The homeowner was not given a copy after several request and was unsure of the amounts as they were listed on the promissory Note.
The homeowner made 7 months of the special assessment payments,but was unclear to the amount,and the bottom line is the promissory Note was not signed by either party,it was acted on to some extent,and the association now states "under contract law,both parties must sign the note for it to be enforceable, therefore,there was no contract".
*Keep in mind this advice went to the homeowner*
I personally thought this may be considered "practicing law" since they were the opposing party,but I'm not sure if the association can collect since the note was not followed up with to make sure it was signed and properly filed,and the note having the clauses such as the protections that comes with securing the note.
What would you guys advise in this situation?

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