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Issue with HOA and Collections Agency
mcb0sse posted a topic in CollectionsHi Everyone, This is my first post. I've done some research on the site, but wanted to get some feedback on my specific situation. I purchased a home with my wife in Palm Beach county, FL, in October 2015. We have two HOA's that manage our community. We found out in March of 2016, that there were back due HOA fees from the prior owner (this hadn't been revealed to us in closing), and in contacting the title company, found that they had been communicating with the collections agency that was managing the accounts. The title company sent us their correspondence, as well as the estoppels and signed checks. However, we discovered that the collections agency stated that the checks for the estoppels were never mailed, and that the accounts remained in collections. We also discovered that we were never given our account information or a way to make HOA payments. Having never received a bill or request for payment from anyone until a quarterly HOA fee came up with no way to make payment, we were surprised. We have been contacted by two collections agencies representing the HOA's, stating that we are owing roughly $18k on the accounts, dating back to 2013. Subsequently, the collections agencies I believe failed to follow the FDCPA. On one letter they state that we have 45 days to dispute or request validation before they place a lien on our home, although my understanding is that I have 30 days to send out a DV letter. As for a timeline, we were first given an itemized listing of the accounts in April, and sent a DV letter shortly after. They have not responded. For the second collections agency, we received that letter on the 7th of July, and responded with a DV letter on the 8th. We sent duplicate letters to the Title Company and the HOA regarding this situation, but have not received anything back. We are working with an attorney, who is taking the approach of let's ask questions first and do surgery later, if needed. However, my concern is that this has been going on for nearly half a year and we would like this over and done with. I would appreciate your feedback on our situation and your thoughts on how to move forward with this!