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Someone in the HOA should have contacted her to see what the situation is. When she sent in the note from the doctor would have been a clue that all was not well.
But since that hasn't happened, the son or someone in the family needs to get in touch to see what can be done at this point.
HOAs rarely want to put homes into foreclosure. It's a can of worms because eventually they lose it to the bank anyway. The bank mortgage is primary and they will foreclose on the HOA. Meanwhile, the HOA has a home they can't really do anything with if there is a mortgage holder involved.
It is a can of worms.
Unless, of course, she owns the home free and clear. In which case, if they foreclose, they can sell it.
Someone in the HOA should have contacted her to see what the situation is. When she sent in the note from the doctor would have been a clue that all was not well.
But since that hasn't happened, the son or someone in the family needs to get in touch to see what can be done at this point.
HOAs rarely want to put homes into foreclosure. It's a can of worms because eventually they lose it to the bank anyway. The bank mortgage is primary and they will foreclose on the HOA. Meanwhile, the HOA has a home they can't really do anything with if there is a mortgage holder involved.
It is a can of worms.
Unless, of course, she owns the home free and clear. In which case, if they foreclose, they can sell it.
OP said she had a mortgage. OP said mother sent doctors note and her payments were reduced by the lender.
Not sure if either the OP or we know the full story.
OP said she had a mortgage. OP said mother sent doctors note and her payments were reduced by the lender.
Not sure if either the OP or we know the full story.
You're right. There is a mortgage company involved. They reduced her payments in response to the doctor's note.
I suspect you're also right on this not being the full story. If she can't pay the full mortgage, it may be that she can't afford the dues either.
We have several older residents in our community that the rest of us help out from time to time. Neighbors pick up the limbs that blow in their yard. One older couple has had to be picked up from the ground when they fell out of their car. This has occurred on several occasions.
At a certain point, it is no longer safe for people to live on their own, yet they are unable to figure out how to get the help they need, unable to navigate the logistics of selling their house and moving all their belongings.
One of the first signs that things are slipping is that they are no longer able to keep their bills straight.
Last edited by GotHereQuickAsICould; 09-20-2014 at 08:17 PM..
In Florida an HOA can only foreclose on back fees owed not on fines. They can lien a home for non payment of fines but they can't foreclose
Two years ago the Florida Legislature changed the statute governing fines by HOAs, Fla. Stat. 720.305(2). Previously fines could be a lien and foreclosure on a home, but that changed in 2007. Then it changed again, effective July 1, 2010, to provide that they could be a lien and foreclosure again if they exceeded $1,000.00.
I am not sure if this is the right venue to get some advice but I am at a loss.
My 73 year old recently widowed mother in law ( Breast cancer survivor, currently with a broken hip) is getting foreclosure threats from her HOA. Apparently, she received a letter last year stating that she had 30 days to replace the siding in her house, at this time she stopped working due to her cancer and lost her husband so she was in talks with her mortgage to reduce her payment. She send the HOA a doctors note basically stating that she was living off her social security check and didn't have $10,000 to fix the siding in the next 30 days. She was under the impression that this was all solved since she provided the same paperwork to her mortgage and her request for payment reduction was approved. Recently, she received a letter from a lawyer with a court date which she was unable to attend due to her inability to drive and lack of funds for a taxi. She tried to call the HOA to explain this and was told to call the lawyer, she called the lawyer and was told she needed to cut a check or hire a lawyer (which again she cant afford). Now they are threatening foreclosure on the house if she doesn't fix the siding and pay the legal fees immediately. Any advice on what she can do at this point?
Samaritans Purse, Red Cross, Fegs, Catholic Charities, Habitat for Humanities or a local church group should be able to do repairs for free.
The board has a fiduciary responsibility to get dues paid. Unless this women, has no children, brothers or sisters, neices or nephews who want to help out it is hard for the board to jump in. Also is she paying maint.
Also are you healthy, you are her son in law? How big a project is this cant you do it.
I have given this some thought over the last few days as we live in an HOA with a great number of elderly residents who do not want dues to keep up with inflation as they are on a fixed income. If we don't keep the dues in line with the cost of things, it becomes increasingly more difficult to keep the place fixed up. We're already struggling in several areas.
One of our board members continues to remind us that we are committed to taking care of the assets of the HOA, not the elderly indigent. There are other organizations who have taken on that responsibility.
It is a hard call. We want to be nice neighbors, but who picks up the slack for those who can't carry their end of the load any longer? Who pays extra dues so that the person who has fallen on hard times does not have to?
I have given this some thought over the last few days as we live in an HOA with a great number of elderly residents who do not want dues to keep up with inflation as they are on a fixed income. If we don't keep the dues in line with the cost of things, it becomes increasingly more difficult to keep the place fixed up. We're already struggling in several areas.
One of our board members continues to remind us that we are committed to taking care of the assets of the HOA, not the elderly indigent. There are other organizations who have taken on that responsibility.
It is a hard call. We want to be nice neighbors, but who picks up the slack for those who can't carry their end of the load any longer? Who pays extra dues so that the person who has fallen on hard times does not have to?
we had some 82 year old widow slackard who claimed she was in poor health. She got a lawyer, did the whole thing on prior board with guilt issues got a lot of prior maint waived agreed to start paying going forward, got a legal agreement signed by condo laywer and her lawyer and a few weeks later bought a 75K Mercedes and parked it in her condo spot.
Guess what she had no money in her name due to estate planning but tons of money elsewhere.
The advice you received to contact the local television stations is excellent. Do this first! (Timing is excellent since the Texas legislature is meeting in January to discuss these very issues.)
But, DON'T stop there. Also contact attorneys but ONLY attorneys who are knowledgeable in HOA law and fight the HOA/CAI establishment. One attorney that fits this criteria is on this forum. His moniker is IC-DELIGHT. Send him a private message through the forum. Also, please contact Texas Citizens for HOA reform; use RHAdolph@aol.com.
I think you will get some legal help----which you must and right away----this way. However, if this does not work, please contact me and I will give you some more contacts.
So sorry, but please don't feel alone or that you have done anything wrong. This foreclosure game by Community Association Institute (CAI) member law firms has been going on for a long time and is becoming worse and worse.
Hang in there and please ask for help.
Last edited by SouthernBelleInUtah; 10-11-2014 at 09:18 AM..
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