condo association is suing us for not paying the condo fee.

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Latest post 02-15-2012 10:36 PM by Drew. 5 replies.
  • 02-15-2012 4:04 PM

    • John peck
      Consumer
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    • Joined on 02-15-2012
    • NJ
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    condo association is suing us for not paying the condo fee.

    We have a condo apartment in foreclosure status currently after we walked away a year ago. Since then we stop paying our mortgage and condo fees. Now, condo association filed a lawsuit against us and we just got the summon letter from the court. What should we do? Thanks.

  • 02-15-2012 4:07 PM In reply to

    Re: condo association is suing us for not paying the condo fee.

    Not quite sure what you expect folks to say; we can't know what you mean by "in foreclosure status" -- either the bank has foreclosed or it has not.  If not, the HOA/CA is free to sue you for what you owe.  You file a response if required or allowed (if you want) and show up in court (if you want).  Seek local counsel if need be (or cough up the dough).

  • 02-15-2012 4:09 PM In reply to

    • DPH
      Consumer
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    • Joined on 10-08-2001
    • TX
    • Posts 7,440

    Re: condo association is suing us for not paying the condo fee.

    John peck:
    Now, condo association filed a lawsuit against us and we just got the summon letter from the court. What should we do?

    Either get an attorney and respond to the lawsuit or ignore it and a default judgement will be granted against you.  You choice. 

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 02-15-2012 4:16 PM In reply to

    • John peck
      Consumer
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    • Joined on 02-15-2012
    • NJ
    • Posts 2

    Re: condo association is suing us for not paying the condo f...

    FYI, we didn't receive the official foreclosure procedure from the bank yet, but it's been a year and 4 months, so we figured it will happen soon.

  • 02-15-2012 5:38 PM In reply to

    Re: condo association is suing us for not paying the condo f...

    Doesn't matter if your home is foreclosed on or not.

    If your fees are in arrears, you owe them for any amount that has accrued up until the date that the bank becomes the owner.

    If that date happened already (you can check your county recorder) you still owe through that date. If it hasn't happened yet your debt is continuing to accrue.

    Unfortunately, there is no defense to owing the money so it won't make any difference. If you ignore, the HOA gets a default judgment. If you defend, you lose and the HOA gets a judgment.

    My advice (for the two cents it's worth) negotiate a cash settlement to get the suit dismissed.

    Otherwise it's a lose-lose situation for you.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-15-2012 10:36 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,158

    Re: condo association is suing us for not paying the condo f...

    The various creditors can only squeeze so much out of the condo--your credit is probably already in the toilet--so as not to throw good money after bad--you probably want to sort out if bankruptcy is an appropriate tool so shed remaining debt.



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