Re: LadynRed & poor lawyer

Posted by poor lawyer (24.88.34.92) on August 16, 2002 at 17:58:29:

In Reply to: LadynRed & poor lawyer posted by Lynn Carter on August 16, 2002 at 15:54:10:

OK, since the condo is in Greenville and the lawsuit is in Oconee, then it CANNOT be a suit to foreclose on your condo. Only Greenville county courts have jurisdiction over your condo there. Plus, like I said, only the Master in Equity or the Circuit Court can order a foreclosure. The Magistrate judge in Summary Court can only issue money judgments (although he can "strongly suggest" compromise solutions).

What this means is that you are being personally sued for a money judgment. Summary court is limited to $7500 or less. If it is the HOA that is suing you, it is probably for payment or breach on your oral agreement regarding the rents on the condo. Can't be sure though until you see the actual complaint.

Does the "notice" say at the top "(somebody), plaintiff vs. (you), defendnat"? Or does it list other people. Or the State of South Carolina? It might not even be a suit involving you, it might be a subpoena for you to give testimony regarding somebody elses lawsuit. Or it might be a summons in a criminal proceeding against you. Call the court ASAP and find out whats going on.

As for your condo, it doesn't seem like the HOA is being very strict with you. Thats good. You've got about 15,000 in equity in the condo (about 60K value - 40K mortgage - 5K assessment lien), and thats too much to just give up. Keep trying to sell it, because it sounds like a poor investment that is costing you more money than it is making you.

The HOA seems to be taking a good position with regards to the condo, they just want to maximize the money they get. If they foreclose, they won't get anything, cuz the mortage will eat it all up. Then it would be up to them to sell it while paying the mortgage, or just let the bank foreclose on them and let the bank sell it. They could get a deficiency judgment against you, but if you have no assets it does them no good. If you sell the condo, they get all their money, cuz you'll have to pay them out of the sales price. So they seem to be working with you on that.

So, in summary:

1) its not a suit to foreclose on your property

2) its either a lawsuit against you for money, a summons to answer a criminal charge against you, or a subpoena for you to give testimony in somebody elses suit.

3) Contact the Court immediately to find out what is going on

4) keep trying to sell the property and get out of your assessment lien problems. Try not to let it ruin your credit.

Let me know what you find out about the complaint.

poor lawyer, esq.

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