California  |  Real Estate Law

Legal Question

Asked on: 8/28/13, 8:21 pm

I am in California. In 2010 due to the economy I was behind in my HOA fees and made arrangements for payment for current Fees and past due fees being current for about a year and a half.. last year I had a flood cause by a neighbor unit plumbing pipe in the common area wall which according to HOA ccrs they would not cover other than clean up it cost me personally $15K to repair (I was in between insurances ) and house tenant relocation since this is a income property. I fell behind since the funds to repair wiped out my allocated HOA fee savings. now they are foreclosing on me. I have a pending small claims against them to try to reclaim my losses yet they have a schedule foreclosure sale date weeks after, they are using the services of a large firm to handle foreclosure and the complex has limited funds in general in their HOA budget. They just got served on my small claims...would this make them hesitate foreclosing or is there additional advice you can give to stop this HOA foreclosure. I am current with the Bank. I have a strong case against them with tenant and neighbor witness to the issue and evidence receipts it was a HOA problem. There is 200K equity in the property which I wanted to use later for retirement. I wish to keep home.

Please advise

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