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OMG:
1) They changed my address without provocation
I never received any correspondance from them. I was overseeing about 15 of our families properties at the time and since I had just updated my contact info I merely responded to the mail that I received. I hadn't noticed that I wasn't receiving mail from them either. May 2009 After numerous attempts to reach us at the old address they finally filed a lien and hired an attorney who filed a foreclosure action. August 2009 They sent a certified letter to the old Pak Mail box and "SOMEONE SIGNED FOR IT". It was certified mail and it was sent as "RESTRICTED DELIVERY" which means you needed to have ID to sign for it. WTF! Well, The Board of the HOA is willing to release the late fees and interest (15%) but won't release the legal fees. AND they are siding with the Property Management company saying they agree with their practice of changing the addresses to that on public record. What in the world. Why aren't they defending their homeowners? They are siding with the company that screwed me up and got our account so messed up that we now owe over $3,000. What a mess. Any REALLY GOOD ADVICE? They were set to auction last month and for some reason pulled it off the auction block. Then scotch taped a note to the property door asking us to call. I called right away. "What can I do for you?" I asked...You need to call our attorney. ANY REALLY GOOD ADVICE? How do you fight this? They can foreclose at any moment. Oh one more thing. Their attorney said I could file a "MOTION TO SET ASIDE" does anyone know what that is and how to do it? |
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I know on a mortgage foreclosure, the lender only has to send notice to address on the mortgage. It is your legal responsibility to notify lender if you moved of new address. I assume HOA work the same way. You knew you had a monthly or regular fee, chose to not find out info on it and now are complaining. I'm not too confident you have an argument. Sorry. Rich. |
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Isn't a part of overseeing the 15 properties the responsibility to change the mailing address in the public record, so that things like tax bills and lawsuits (like slip and fall) can be directed to the proper destination address of the manager? And if you are managing 15 properties, I would hope you already have an attorney to serve as legal counsel for this matter. So refer this to your attorney. If not, then go hire one ASAP. The term "set aside" probably is in reference to the judgment that the HOA has obtained in court; you probably will want to appeal that judgment, on the grounds of improper service if your attorney feels that the service was defective. But as Rich says, sometimes it is sufficient to direct things to the address on public record, without any obligation to first determine the "correctness" of that address. Think about it this way to understand the position of the legal system: who had knowledge of this new address, you or the party that is filing suit? What knowledge was the party filing suit able to obtain from the public records? And the old management company could have gone out of business and all records that they had may have gone away with them, so the new company may just have taken the stance of what the legal system would uphold - take address from public record.
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I will be interested to see how this works out. |
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