Foreclosure on condo/past dues

Started by PamelaA2 • 7 replies • 1212 views

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PamelaA2 (California)
Posts: 2

Posted:

I am A new member on our HOA.board located in SAn.Ca.I am upset because,other members want to start foreclosure actions on A long term resident.My question is:Why not ask the resident what's going on? or we could come up with A payment plan.She is elder,and I think she might need some help.Please help me understand this process in California.I don't think I am cut out for this;our economy is just awful,and I can not put an older woman on the streets right now. Please write back. Talk 88

RobertR1 (South Carolina)
Posts: 5,164

Posted:

PamelaA2,
First, I doubt there is anyone that aswers these posts that wants to kick anyone out of their home. But before anyone can respond to you constructively, please flesh out a short history of your HOA. You say HOA but are you talking condo? So, post back with some more info. Do you have a website? Post that also. Don't jump the gun and assume the Board is the Bad guy. Bad thing to do, gets in the way of finding the truth.Sit down privately with your board president, or any Board members you think is responsive. I caution you this issue as you explain it and if true at this point is going to require a lot of learning starting with your documents. Essential you can talk about them with knowledge.
You will receive help here, just open up a lot so we can see what is going on and who you really are.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Perhaps ON YOUR OWN you could talk to her or her relatives and tell them what's going on. If she is elderly, she may need help handling her finances. Most likely she is on a fixed income. Are other areas of her life also suffering (health, homecare, hygiene, etc?)

The HOA is not social services. The board's duty is to run the association like a business. While they can feel compassion and set up payment terms, don't expect the board to become personally involved in the bill paying of the members.

Thanks for all you can do to get involved, personally.

PamelaA2 (California)
Posts: 2

Posted:

I know I am not A Social Worker,and dues must be paid.Our assoc.fees are due on the 15th each month$300,and $225 on the 30th of each month[special assesment].A few owners had fallen behind in paying dues. No lawyers were present at the last meeting,and all you could here was just take the property from the owners.My concerns are #1 there must be A process you must follow,and #2 I hope the residents are notified.We all like living in our community,but we need to do the right thing with each other. Thanx, Talk 88

GlenL (Ohio)
Posts: 5,491

Posted:

Pamela foreclosure is usually a long drawn out process. First under CA law your Association must provide each H/O a copy of the collection procedures each year. Then usually they must first file a lien before they foreclose and if the woman has a Homestead Exemption on file with the County Clerks office it protects her monetary interest in a non-judicial foreclosure. To see all the steps go to (http://www.davis-stirling.com/index.html) click on Main Index and on the letter F to see more about foreclosure in California. As others have stated if you know this woman or her family a simple courtesy call may resolve things. This you can do however it is not part of the collection process generally.

Studies show that 5 out of 4 people have problems with fractions

KirkW1 (Texas)
Posts: 1,665

Posted:

First, the ugly truth is that foreclosure could end up costing you much more then you get back. Keep in mind that the first lien is still in place. And with the current market the unit may not be worth what is owed, or very little more then what is owed.

A concern I personally would have is does this woman (or her family) even realize the problem exists? Let the naysayers wail, but you are a community based organization. And your actions either better or weaken the community.

Yes, you should insist that a human element always exists. And it is fine to question the motive of anyone who advocates "taking it from her."

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By PamelaA2 on 01/31/2009 9:27 PM
I am A new member on our HOA.board located in SAn.Ca.I am upset because,other members want to start foreclosure actions on A long term resident.My question is:Why not ask the resident what's going on? or we could come up with A payment plan.She is elder,and I think she might need some help.Please help me understand this process in California.I don't think I am cut out for this;our economy is just awful,and I can not put an older woman on the streets right now. Please write back. Talk 88

We run our HOA like a business with a debt collecting policy. It is enforced universally. OUr HOA is behind in 30K of annual dues.. It's a business unfortunately.

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By SusanW1 on 02/01/2009 5:42 AM
Perhaps ON YOUR OWN you could talk to her or her relatives and tell them what's going on. If she is elderly, she may need help handling her finances. Most likely she is on a fixed income. Are other areas of her life also suffering (health, homecare, hygiene, etc?)

The HOA is not social services. The board's duty is to run the association like a business. While they can feel compassion and set up payment terms, don't expect the board to become personally involved in the bill paying of the members.

Thanks for all you can do to get involved, personally.

It';s never wise "to talk to them on your own" without complete board knowlege.... You can not act as a spokes person without everyone on the boards knowlege.

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