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Lien for projected costs???


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My homeowner's association filed a lien on my house when my mortgage company filed for foreclosure with them as a co-defendant. At the time they filed for the lien (10/2009) my association fees were current. They filed a lien for "projected" fees and 10 hours of "projected" legal fees @ $200.00 per hour. They also stopped billing me in 2009, have never sent a statement or late notice, will not send a statement so I can attempt to pay, etc.

 

They filed to foreclose on the lien in 11/2009. I have been fighting them since then, but I feel stupid that I never looked at the actual lien until yesterday. Is the lien itself flawed in that they filed for costs that were not yet due, and may have never been due? My mortgage was in foreclosure (@ $2500.00 per month), but there is no reason to believe I could not pay my HOA fees (@ $300.00 per YEAR). If the lien itself is flawed how do I go about getting it released?

 

Any input appreciated - thanks!!

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