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Re: It never ends - condo assoc!


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Posted by poor lawyer (24.88.34.92) on August 17, 2002 at 11:23:56:

In Reply to: Re: It never ends - condo assoc! posted by jo on August 17, 2002 at 01:43:26:

Heres what I'm saying you should do:

Each month, send them money (to the attorney), even if they keep sending it back, just like with July. Any money that gets sent back, just hold onto it and send it again the following month with the additional money for the new month.

For example:

In July, you sent $200 for regular assessments and $200 for special assessments. That was returned.

In August, send $200 for the August regular assessment and $200 for the special assessment, plus the $400 that was returned the previous month.

If thats returned, then in September send $200 for the September assessment, $200 for the special, and the $800 that was returned the previous month.

When you send payment, make copies of all the letters you send, plus copies of the checks, plus copies of any letters from the attorney when he returns the checks. Basically, make copies of everything. Save any originals too that you get back.

Send a letter with your checks just like the letter your wrote before.

If you do this, one of the following will happen:

1) they might eventually accept your checks and allow you to make payments, or

2) you will eventually send them enough at one time to cover the whole thing, or

3) they will try to foreclose. Given the amount of time it will take to foreclose, you will probably send them enough to cover the whole debt before they can actually foreclose. But even if it gets before a judge, you can walk into the court with all your returned checks and all your letters and all their letters and show the judge that you have been very reasonable in trying to settle and pay off the debt, and that they have been very unreasonable in not accepting. Very few judges would order a foreclosure sale when faced with that, especially if you can also say that you are willing right there to give them a big sum (from all the money you saved up that they returned to you).

Also, if it gets before a judge, you can ask the judge that you not be held responsible for the attorneys fees and costs (or at least some of them) because you have been reasonable in trying to pay the debt and because they have been unreasonable in not accepting your offers.

If you get it all paid off, either before it goes to court or when it goes to court, demand that they dissolve the lien that was recorded against your property (they can get in trouble if they don't, so they should do it willingly). Also, try and make sure that no judgment is actually entered against you, as that will be bad for your credit.

If you are willing to pay $400 a month like you are planning, I don't really see how they can foreclose on you like that. Either they will accept your payments, or they will probably look like assholes in front of a judge. Either way, you should be able to keep your property.

poor lawyer, esq.




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