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Wrongful HOA Collections

Wrongful Foreclosures by Homeowner Associations

 

The law firm of Michael T. Chulak & Associates has extensive experience with homeowner association collections including foreclosures.

Homeowners that are late in paying their HOA assessments or dues in California can lose their home to foreclosure. In short, homeowner associations have the power to foreclose on condominiums and other homes in common interest developments where the owner has fallen behind in making their monthly payments to the HOA.

Fortunately, there are many defenses to foreclosure actions commenced by homeowner associations. Often our experienced attorneys can stop a foreclosure action because the HOA has failed to meticulously follow the law. The foreclosure process is complex making it quite easy for an HOA, or its agent, to make a fatal error. Such an error can invalidate their foreclosure action. Given the seriousness of attempting to take away a person’s home, courts nearly always require the foreclosing party to follow the law perfectly.

Sometimes when an HOA attempts to foreclosure wrongfully, not only can the foreclosure be stopped, but there are times when the homeowner will have a legal claim against the HOA for financial damages. This is certainly not always the case, but it is not at all uncommon.

Following are some of the defenses to wrongful collection actions by homeowners associations, including foreclosure actions:

Sometimes the assessments that are the subject of the collection were not approved in accordance with the Davis-Stirling Act;
   
Sometimes the assessments that are the subject of the collection action were not approved as required by the homeowner association’s governing documents;
   
Sometimes there has been a failure to adhere strictly to the collection procedures required to be followed by the Davis-Stirling Act;
   
Sometimes there has been a violation of the Federal Fair Debt Collection Practices Act;
   
Sometimes there has been a violation of the Rosenthal Fair Debt Collection Practice Act;
   
Sometimes the lien that was placed on the home includes charges that are not permitted to be included in a lien;
   
Sometimes the calculation of the amount demanded is inaccurate or includes charges that should not have been included; and
   
Sometimes the charges included in the amount demanded are unreasonable and will not be permitted by a court.
   

Depending upon the circumstances, there may be other defenses available.

 

Our Process

First, we must review all of the relevant documents, accounting records, minutes, and correspondence. This takes approximately two hours and may be paid by check or credit card.

If any required documents are missing, we make a demand upon the association to provide them to us. California law requires associations to provide the documents to us that we will require.

After reviewing all of the relevant documents, if we believe you have a good case, we will offer to represent you on a contingency basis.

If you are facing a serious HOA collection action, including the recording of a lien and a potential foreclosure, we urge you to contact us now. Do not wait until your options are limited or unavailable.

 

HOA Claims Against Negligent Lien Services

Lien Service Malpractice

When a homeowner association hires a lien service to record in lien on the property of a member for the purpose of commencing a foreclosure action, sometimes the lien service fails to comply with all of the requirements of the law, resulting in liability for the association. The liability can be substantial and the financial damages can be even greater. When this happens, the association should consider making a claim against the lien service for malpractice, which is a form of negligence, in order to be compensated for the cost of the malpractice.

The law firm of Michael T. Chulak & Associates represents homeowner associations throughout California, and can assist your HOA if you have been harmed as a result of a wrongful lien and/or foreclosure action.

 

 

 

 

 

 
 
 
 




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