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My HOA fees are paid but collection agency says they will foreclose in 10 days.


Guest tinytee6112
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Guest tinytee6112

Lost my job in July '08. I live in nevada ina townhome with an HOA.Got behind on my monthly dues. On Oct 14th I paid Aug dues. On Oct 21st paid Sept amd Oct. On Nov 23rd Paid Nov's and on Dec 18th I paid dec's dues. Started getting letters from a collection agency On Nov 25th. Sent them a certified letter stating I had come current on my dues. They placed a lien on my townhouse in Dec. On Jan 14th they sent letter stating they would foreclose in 10 days if not paid in full. Their itemized bill DOES NOT SHOW ALL MY PAYMENTS. I have all receipts. How do I fight these "property hungry" law gurus who are breaking the law and charging me more than what is owed?

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What are the homestead laws in Nevada? Most states have some kind of tipping point where someone can force a sale of a home based on a lien.

It sounds far-fetched to me that someone could foreclosure for something other than an unpaid mortgage.

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What are the homestead laws in Nevada?

It's not the homestead law but the foreclosure law in Nevada that sucks. Nevada is a non-judical foreclosure state....these a-holes don't even have to go to court to foreclose... They can enter a lien and foreclosure directly to the county recorder then have the sheriff serve an unlawful detainer and kick the homeowner out just like repo-ing a car.

Get an attorney quickly and slam the door on these jerks. While you are at it, sue them for FDCPA violations for taking an action they cannot lawfully take and for attempting to collect on non-existant debt.

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I'm in a similar situation... sort of... not yet to that point, though. My HOA billing company is threatening me with a lien for non-payment of late fees/interests/penalties on those late fees, etc.

They include a collection warning, but not by far what is required under FDCPA. They are not even licensed to collect debts in my state.

Anyways, they will be getting a summons pretty soon for FDCPA and other state law violations.

HOAs need to get a reality check to stop the abuse.

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It sounds far-fetched to me that someone could foreclosure for something other than an unpaid mortgage.

Actually here in S Fl, the land of HOA's, we see foreclosures all the time for HOA liens. And they do take the property. Now, if there is a big mortgage (percentage wise) on the property it is more likely that they will let the lien sit because they can get the bank to pay the HOA for up to 12 months when the bank forecloses.

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Have you made enemies with the HOA?

What I mean is, are any of the officers mad at you, or don't like you personally for anything unrelated to being late?

If not, go talk to them NOW and try to get this process turned off, and as always, get everything in writing.

If so, and they are using this as a vehicle to harass you, then you need some legal help.

Yes, HOA's can foreclose, but I have never seen one work this fast for only being a couple of months behind, especially if you are current now. :?

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