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986

My HOA is stealing my house

986
Posted by2 months ago

My HOA is stealing my house

My HOA sued me for 2 years of back dues that I was unable to pay while recovering from a terrible car accident and just didn't have the money. I am back to work just a few weeks now, and I get a notice my $100k is being sold at a sheriff's sale for what I owe ($3950 approximately). I contacted their attorney several times to work out a payment arrangement, to no avail. That is until now. Now they refuse to allow me to go on a payment plan. Either they get the lump sum before the sale, or they sell it. Any ideas what to do here? Obviously I don't have $4k laying around to pay them. My family is basically facing being homeless in January in Pennsylvania. Help!

260 comments
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level 1

Worst case scenario, talk to a bankruptcy attorney. Filing bankruptcy creates an automatic stay for that kind of thing. It would buy you time to raise the money. Also, see if there is any local government assistance for preventing homelessness. Some states are practically throwing covid relief money at people.

Edit to add: The American Bar Association runs a free legal answers program in many states. If they're doing it in your state, see if you can't get an attorney to talk you through options for free.

928
level 2

If it’s scheduled for sheriff sale they probably ignored a lot to get there and it might be too late already as the title has probably already been transferred.

Also bankruptcies cost what he owes and is going to get tossed right out since his home is free and clear.

252
level 2

PLEASE remember that chapter 7 is the option that allows you to keep your house. Do NOT do chapter 13 to keep your house.

34
level 2

Jumping off this, you can file a bare bones skeleton bankruptcy if you have to, just to get the automatic stay started ASAP. You will still have to go back and fill in the rest of the documents, within 10 days or so (may be state specific), but this will get the ball rolling.

https://www.nolo.com/legal-encyclopedia/what-is-a-skeleton-bankruptcy-filing.html

14
level 2

How likely are the police to listen to that though? Like if they wrongfully drag OP out of their house, what recourse does OP have, other than suing the Sheriff's department?

8
level 1

Personal loan? sell furniture? idk.

Different states have different guidelines for limitations on foreclosure due to unpaid dues. There is probably a minimum delinquent amount or minimum number of months' delinquency that can be foreclosed on. If you can pay off the past due assessments (write on your check that your payment is only to be applied to assessments) enough to get it below that minimum level set by the state, then foreclosure gets put on hold.

For example, if the minimum is 2k, you can send in $1955 and get the delinquent amount to be $1995 and put off foreclosure attempts.

If the minimum is 6 months' dues then if you can pay off $3125 (estimating dues rate at165/month) then you'll be able to put off foreclosure attempts.

You will still have to deal with the late fees and collection costs, but most states don't let HOAs foreclose on non-assessment fees and fines.

I hope this helps.

258
level 2
· 2 mo. ago
"despotic HOA board member"

Some states don’t require the creditor to take partial payments. Beg or borrow the funds. Pay it and stop the foreclosure.

Also, alert your lender. They may step in and pay it and charge you for the privilege, but it’s better than losing their lien.

225
level 1

They should have notified you of exactly every step they were taking to foreclose on you like this... that is unless you ignored them thinking HOA's have no teeth (Surprise, they can foreclose on you, (as you see here...) for as little as .01 owed to them in fucked dues...)

You need to contact a foreclosure attorney ASAP OR muster the money to keep from being homeless.

211
level 2

If they haven't then it's possible op will have something of a leg to stand on - but frankly I 100% believe that they've been trying for two years and op has been blowing them off or worse.

16
level 2

If it's up for auction at the Sherrif's sale they definitely have been notified, probably a dozen times.

4
level 1

I’m a foreclosure attorney, though in a different state.

Whatever else you decide on, absolutely attend any hearings. Go to court, and tell the judge everything that has happened. Now is not the time to be proud. It won’t ultimately stop the process but if you are sympathetic enough the judge likely has wide latitude on how the case will proceed.

Also, go talk to your states Legal Aid. If they’re LSC funded, then they’re free to qualifying individuals.

181
level 2

I’m addition many local bar associations run free clinics, etc. (I ran one for 20+ years). They are free for low income qualifiers and some don’t have an income limit for their advice clinics.

27
level 1

If you have equity in your house can you get a line of credit?

91
level 2
Op · 2 mo. ago

My house is all equity. I have crappy credit though. Maybe I can get a cosigner

46
level 1

Get a lawyer mate, honestly there's nothing we can really do to ACTUALLY help you. I recommend finding a lawyer. Or start selling stuff off to make a lump sum payment. Clothes, furniture, valuables, call in favors, whatever you can do to raise money. OR try to get a loan.

68
level 2

If he can't afford the payment he can't afford a lawyer.

0
level 1

In addition to other things mentioned, contact your local news. I'm sure the HOA would just love a news story about how they are foreclosing on someone who is just now able to work after a car accident.

50
level 2

Why would they care about media attention? Like, what's going to happen, their reputation will be tarnished in some Karen's eyes and people will... what? An HOA that goes after unpaid dues and evicts delinquents is an HOA people WANT to live in because their own dues won't go up to cover the other homeowners that stopped paying theirs. They let the guy not pay his dues for over 2 years before getting to this point, it's not like they showed no leniency for the situation.

33
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Created May 9, 2016