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Old 02-09-2012, 08:52 AM
 
1 posts, read 4,399 times
Reputation: 16

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I live in Bexar County Tx and the HOA is trying to put a lien on my home for 1200.00 and they attached almost 3000.00 atty fees. The only arrangements they will take is 800.00 by March 1 and 500.00 per month. I only receive 800.00 per month ssd.

Is there anyone that can help me or tell me where I can get help. An attorney that will not charge. Please Moderator cut: send DM to me. I only have ten days to get back with them.

Last edited by BstYet2Be; 02-09-2012 at 06:26 PM.. Reason: Per ToS, Bad idea to post email address because of web crawlers/spammers - request contact by DM instead.
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Old 02-09-2012, 09:48 AM
 
3,438 posts, read 4,451,198 times
Reputation: 3683
Can you identify:
1) The HOA
2) The management company, if any
3) The HOA attorney

There is a pattern of practice among the trade group of attorneys and management companies that claim to represent the HOAs. The bulk of these fees are obviously to benefit the management company or attorney - not the HOA. If you can do the above, it may help with identifying a course of action.


Be EXTREMELY wary of entering into any "payment plan" with these characters. Typically the attorney and management company would collude to practice what is known as the "priority of payment scam". This practice was for the most part rendered unlawful this past legislative session. However you can bet there are unscrupulous vendors still trying to engage in this practice. In addition, the management companies and HOA attorneys will continue to prey upon homeowners that can be terrorized into signing these "payment plans" - which are designed for the HOA attorney and management company, not the HOA.

If you are truly $800 in arrears, you could try paying a portion of the funds until the $800 is paid up. The HOA cannot refuse to accept the payment and must apply any payment first to delinquent assessments. Once the assessments are caught up, they can no longer threaten you with foreclosure or try to extort a "payment plan" from you. This will give you more time to find representation. Although you are not required to identify what the payment is for on a check, make sure to photocopy the check before you mail it out and put the appropriate description of what the check is for in the memo field (.e.g., "assessments" and account number if any). Many of these management companies have gone to converting your check to an e-check without your permission. The reason they do this is to eliminate the evidence of any instructions on your check. There is no requirement to send an image of the converted check to your financial institution - hence the elimination of the evidence of instructions. You can tell if the management company is doing this in your subdivision by looking to see if the checks are showing up under the "debit" portion of your bank statement instead of under the "check" portion of your bank statement.

Last edited by IC_deLight; 02-09-2012 at 09:58 AM..
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Old 02-09-2012, 12:50 PM
 
431 posts, read 765,637 times
Reputation: 234
they cant do anything without a judges order
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Old 02-09-2012, 04:02 PM
 
168 posts, read 529,915 times
Reputation: 85
Hi. I feel for you. Have you tried to make payment arrangements with the attorneys yet? I have seen this exact thing happen in Comal County to someone very close to me. It's so hard to believe they can foreclose on someones HOME over those $10 or so a month fees to mow the opening area of the community isn't it? They let the fees add up purposely when they send it to a wrong address (even when it's been corrected supposedly), or whatever else is the deal for the particular person, blame it on the homeowner who doesn't even know about it until they are hit with the lawyers fees. Have you tried looking up Legal Aid? If you make a payment and they accept it, that should be legally binding. Make sure you write what it is towards on the check or money order and keep allllll receipts for years. Keep record of every correspondence, including a phone log with date and time and who you spoke too and any and all information. And as as last resort, I say contact one of those news stations and let them sink their teeth into it. You know how they have those troubleshooters. Don't give up! Please post what happens. People do care!
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Old 02-09-2012, 06:36 PM
 
Location: Dallas TX & AL Gulf Coast
6,848 posts, read 11,798,653 times
Reputation: 33430
Quote:
Originally Posted by jdixonbatson View Post
I live in Bexar County Tx and the HOA is trying to put a lien on my home for 1200.00 and they attached almost 3000.00 atty fees. The only arrangements they will take is 800.00 by March 1 and 500.00 per month. I only receive 800.00 per month ssd.

Is there anyone that can help me or tell me where I can get help. An attorney that will not charge. Please Moderator cut: send DM to me. I only have ten days to get back with them.
The SA HOA attorney mentioned here in Elnina's previous post looks like he'd be your best bet to contact --

See
Good Fences: San Antonio Texas Homeowners Association Attorney - HOA Lawyer Blog
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Old 02-10-2012, 12:00 AM
 
168 posts, read 529,915 times
Reputation: 85
Check this out....

New homeowner association laws in Texas designed to curb abuses | News | News from Fort ...
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Old 02-10-2012, 07:13 AM
 
413 posts, read 741,773 times
Reputation: 460
As much as I dislike HOAs, none of this adds up. My HOA doesn't send your case to a lawyer until you're 2 years in arrears. I realize people go through tough times, but how delinquent are you? Have you looked into selling your house and moving somewhere cheaper? Did you ignore the bills? Did you speak to your HOA about your situation?
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Old 02-10-2012, 09:30 AM
 
Location: Floresville, TX
169 posts, read 428,701 times
Reputation: 113
ok, i'll be the guy....

why do you owe the HOA money? I assume it is because annual or monthly HOA fees were not paid. If that is the case, it should be a signed contract you executed at closing.

The $3000 attorney fee is ridiculous though, and I wish you the best luck to get that erased.

With debt, its best to pay what you can when you can. If all you have is $100, send them that.
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Old 02-10-2012, 11:44 AM
 
16 posts, read 69,833 times
Reputation: 38
You need legal advice, and the Texas Riogrande Legal Aid has three locations in SA. This is the website

www.trla.org

or google "free legal aid san antonio"

There is too much missing information to be able to give good, accurate advice. You entered into a contract with them, so the best advice I can give you now is to closely read your HOA rules. Are they allowed to tack on attorney's fees? I think they will have to provide you, upon request, a bill from the attorney showing how they ran up that amount. Are they allowed to dictate the minimum amount they can take, or is the amount negotiated?

Regarding the change in the HOA laws, law changes usually only are effective from that date forward, not retroactively.
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Old 02-10-2012, 05:30 PM
 
Location: Stone Oak
487 posts, read 1,117,560 times
Reputation: 332
The new law says that any money you pay toward your debt has to FIRST be applied to the debt, not the attorney fees. All HOA's are required to offer a payment plan but it does not have to be for a tiny amount stretched over years.
If you have been ignoring your bills and notices for years and tossing them in the trash you could be involved in a judicial foreclosure and not realize it. Do NOT assume you are not.
A lot of people made the assumption that judicial foreclosures were rare. That is what my HOA and the POA I live in has used for years.
And yes, when people refuse to pay their fees for years and expect their neighbors to pick up the cost of keeping the community running . . . after MANY certified letters from the HOA and then the attorney . . . . we foreclose on the property.
NOTE: If any resident calls the management company at any time and says they are having trouble and need a pay plan, and then follow up and make their payments, the entire process stops. NO attorney or late fees will continue to accumulate.
Do not wait until you haven't paid for years. Call as soon as you encounter a problem.
Unless in case you just hate the HOA and don't want to pay your fees and thing you can get by with it. It will eventually catch up with you.
Stepping off soap box now. Good night.
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