Legal Question in Real Estate Law in Arizona

HOA Lien Foreclosure Letter..........

We are behind on our HOA fees of 1700.00 and late fees have added up to around $5000.00 total. We do not have this, my husband talked to the lawyer as he wants to make payments monthly,the lawyer stated they will consider this as they don't want our house but they still want to pursue a judgement.........what does this mean, as I feel if he misses a payment they will proceed.....what should we do as this is in the early stages, a few days we received the legal papers. We cannot afford an attorney..........unfortunately, we need help or all of our life savings are in our home. Also, I feel the fees are very excessive, can these be negotiated? Should I trust that my house will not be foreclosed anyway? I told my husband to please borrow money from his Dad and pay him back every month so this is not hanging over our heads. Please help as I can't sleep at night, and I have been hospitalized due to all the financial stress and hardships we have gone through. My husband has been working three jobs,(as he was a real estate appraiser making 6 figures, that job has vanished) and I have been working two ............Thank you please help..........

Asked on 6/24/09, 10:26 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: HOA Lien Foreclosure Letter..........

I agree with you that your husband should borrow the money to pay the association charges, so that your home is not in jeopardy. The charges are negotiable, particularly the waiver of penalties, late fees, however, the legal fees may not be. The legal fees should be reasonable. If you have money in hand to pay the association, then you are in a position to ask for waiver of the late fees and make a settlement. You don't want a judgment against you recorded, it will negatively effect your credit score.

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Answered on 6/24/09, 10:38 am

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