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Old 02-15-2009, 02:14 PM
 
Location: Sitting on a park bench...
2,547 posts, read 3,860,483 times
Reputation: 577
Default Can an HOA force a foreclosure?

When it rains, it pours, even here in the desert. I got the following nasty letter in the mail yesterday from the financial service that handles things for my HOA. Can they foreclose on me?

Dear Ms. Johnson: (my late mother)

Red Rock Financial Services is a debt collector and attempting to collect a debt. Any information obtained will be used for that purpose.

This letter is sent to you as a courtesy. (Bull feathers!) Being advised previously, Nevada Revised Statutes allow Red Rock Financial Services on behalf of the Association, to record a Notice of Default and Election to Sell no sooner then the 31st day after the mailing of the Lien of Delinquent Assesments. In 10 days from the date of this letter, the Association will have the legal ability to proceed with the recordation of the Notice of Default and Election to Sell.

Your choice to not reinstate the above account has resulted in the Lien for Delinquent Assessments being recorded on the above referenced property, which was mailed to you.

YOU MOST CONTACT OUR OFFICE FOR THE BALANCE DUE. Please contact the Red Rock Financial Services offices immediately to make the payment in full or alternative payment arrangements. If you do not make payment arrangements within 10 days from the date of this letter, Red Rock Financial Services will have no other alternative but to proceed with the preparation and recordation of the Notice of Default and Election to Sell. This cost to you is estimated at an additional $800.00. This is not you account balance.

If payment is full or other alternative payment arrangements are not made within 10 days from the date of this letter, the above account will have approximately $800.00 in collection fees and costs added to the balance.


To reinstate your account, you must contact Red Rock Financial Services to obtain "up to date" payoff figures. Payment must be in the form of a cashier's check or money order. Please contact the the Red Rock Financial Services office with any questions you may have at 702-932-6887.

"Sincerely," (BS, again!)

Evil Minion


So, does this mean that they're trying to foreclose on the house? I haven't received a default from the mortgage company, and I haven't made a payment since October.

Any help understanding and dealing with this matter is greatly appreciated.
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Old 02-15-2009, 02:28 PM
 
1,123 posts, read 1,676,384 times
Reputation: 594
Yes, I'm sorry to say they do have the right and it is done all the time. In some very lenient HOA's, they will put a lien on the property for the dues owed and that lien cannot be satisfied until the time the property is sold. Keep in mind though, as that seems generous, all the while, late fees are marching on. Other HOA's like apparently the one you are dealing with, file the lien and then force the sale. There are some ugly stories out there which you can research on the internet where the attorney who did the filing and handled the forced sale, then proceeded to buy the property themselves at a fraction of the cost. I'm sorry you had this ugly thing jump out of the dust and bite you unexpectedly at this time.
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Old 02-15-2009, 02:34 PM
 
Location: South Strip, NV --> Philly (Fall 2009)
2,404 posts, read 7,167,945 times
Reputation: 566
you havent made an HOA payment since October?

yes, an HOA is allowed to put a lien and possibly foreclose if you don't pay
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Old 02-15-2009, 02:37 PM
 
Location: Sitting on a park bench...
2,547 posts, read 3,860,483 times
Reputation: 577
Great, just effing' great. I couldn't call them yesterday because I was away from home, and didn't get back until 10pm. Besides, they're probably closed on Saturdays anyways. Sigh...I'll give the rat bastage a call on Tuesday, and see what I can work out. I'm not having any luck finding a job so far, but hopefully they're allow minimal payments until I can find something. I know that the house will be eventually foreclosed on, but it'd be nice if it could happen after I get my court settlement, and can move to a new place without being forced out. I'd have to move in with my sister and her husband, put my stuff in storage, and find a place for my dogs. I don't want to lose them, they're one of the few reasons that I've been able to maintain my sanity during these hard times. I finally picked up my mom's ashes on Friday.
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Old 02-15-2009, 02:39 PM
 
Location: Sitting on a park bench...
2,547 posts, read 3,860,483 times
Reputation: 577
Quote:
Originally Posted by lvkewlkid View Post
you havent made an HOA payment since October?

yes, an HOA is allowed to put a lien and possibly foreclose if you don't pay
It was tied in with the mortgage, I believe. I hate HOAs. They are downright evil, and all the do is clip their little "park" areas. They should prune all of the front yard landscaping as well, since they planted it.
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Old 02-15-2009, 03:22 PM
 
Location: NW Las Vegas - Lone Mountain
15,758 posts, read 19,193,132 times
Reputation: 2661
Quote:
Originally Posted by aqualung8705 View Post
Great, just effing' great. I couldn't call them yesterday because I was away from home, and didn't get back until 10pm. Besides, they're probably closed on Saturdays anyways. Sigh...I'll give the rat bastage a call on Tuesday, and see what I can work out. I'm not having any luck finding a job so far, but hopefully they're allow minimal payments until I can find something. I know that the house will be eventually foreclosed on, but it'd be nice if it could happen after I get my court settlement, and can move to a new place without being forced out. I'd have to move in with my sister and her husband, put my stuff in storage, and find a place for my dogs. I don't want to lose them, they're one of the few reasons that I've been able to maintain my sanity during these hard times. I finally picked up my mom's ashes on Friday.
Note that if the house is way underwater the Association gets nothing.

While they can foreclose I would be surprised. Have you received any notice of a trustee sale date from the primary mortgage holder? It looks to me like they actually served notice of trustee sale back in 2007...so I don't know why they have not already trustee saled the place. And if they have not served any notice of a trustee sale I would be cautious about asking. It almost sounds like they may have lost your house.

It takes about 120 days after a notice of default to foreclose. And at that point normally the primary mortgage holder buys the place for the value of the first mortgage.

I would think this is simply blustering on the part of the collection agency. Though collection agencies can be irrational. Just lost a short because a collection agency with a small lien refused to be bought off cheap. So they got nothing.

So think where you are...are you going to get foreclosed in the next 120 days anyway? How much is the bill?

You might also talk to a lawyer on one of their free referrals.
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Old 02-15-2009, 03:35 PM
 
Location: Sitting on a park bench...
2,547 posts, read 3,860,483 times
Reputation: 577
We were under Chapter 13 protection, until the death of my mother. CountryWide keeps sending regular bills, and I don't know if they've called since I had Vonage for the home phone, and I lost that when the cable was shut off. I can still call the bankruptcy attorney, and ask for their advice. Would it be worth it to take this to Clark County Social Services as well? I just got medical from them, and they might be able to help me with my utilities as well. I can tell you, it's no fun living without gas and power! Technically speaking, I'm only a couple steps above living in my car. It's a good thing that I'm not the type of person who would do harm to hisself. I had a drinking buddy (BF to a friend of mine) who killed himself over a girl. He was only 28.
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Old 02-15-2009, 11:28 PM
 
1,714 posts, read 2,296,759 times
Reputation: 816
Aqua,

Sorry that you are going through all this mess. Here is what you need to do:

Call these guys as soon as possible, explain the situation completely in detail and be prepared to mail them a certified copy of a death certificate. Find out to the penny what is owed and work out a payment schedule that meets your's and only your's budget. Don't let these guys bully you into forking up the entire amount, you have to leave money for food, gas, electricity, other necessities. They will appreciate it and will work with you as they will be getting something which is better than nothing.

If they are jerks and play hardball. Hang up and call Dave Ramsey (I'm not joking).
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Old 02-15-2009, 11:53 PM
 
Location: Kailua Kona, HI
2,579 posts, read 5,485,382 times
Reputation: 2098
After you call them (makes notes during conversation including person's name, time, date) then summarize the call in a letter and mail it to them certified, return receipt requested. Don't do anything verbally without a written follow up. And if they make some kind of promise, ask them to write it up, sign it, and fax it to you (or mail it).

Good luck.

p.s. your maintenance fees may not have been in the mortgage, I have seen a lot of mortgages where HOA fees and maint. fees are separate. Check that out.
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Old 02-16-2009, 04:04 AM
 
Location: Sitting on a park bench...
2,547 posts, read 3,860,483 times
Reputation: 577
What gas and electricity? My "stepfather" had those turned off a month ago, so that he wouldn't be stuck with the bill. Thankfuly, the water was in my mom's name. I'm working with social services to get those turned back on. Now, if I were a vendictive person, I could always anonomously report the evil minion to the IRS, and say that I heard him bragging about tax evasion. <evil grin>
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