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Old 11-13-2011, 04:32 AM
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Default Need help with an HOA Foreclosure?

I defaulted on a payment arrangement with our HOA due to a sick child. I received an Order To Sale via email today from the lawfirm. They've sent the Order to the Constable demanding foreclosure on the property. I don't really understand what will happen next, what kind of time I have, and what my next step should be? Really scared and need some good advice.
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Old 11-13-2011, 06:24 PM
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Condominium are an attractive real estate option for first-time home buyers and older couples looking to purchase a smaller living space. In addition to mortgage payments, many condo owners must pay fees to the condominium board to cover expenses, such as lawn care and upkeep of the condo's amenities. Home Owner Association (HOA) foreclosure occurs when a condominium owner loses his unit because of unpaid dues to a condo association. This type of foreclosure can be stopped to ensure the condo owner does not lose his unit.Instructions1. Set up an affordable repayment plan with the HOA. The past amount due could be spread over future payments.2. Inquire if the monthly condo fees can be lessened. The HOA may lower the payments if the unit's owner cannot afford the price in addition to the monthly mortgage payments.3. Apply for a small loan from a bank. The bank that holds the mortgage may give an additional loan if the mortgage payments are up-to-date.4. Refinance the loan, if possible. A home equity line of credit may be possible if the value of the condo is greater than the amount still owed. This money can then be used to repay HOA fees that are past due.
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Old 11-14-2011, 09:32 AM
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You need an attorney. Personally, I hate HOAs for this reason. If you had an arrangement and defaulted, what were the terms of the arrangement? If the terms of the HOA lets them foreclose on the condo, that is what they'll do. Not knowing what state you are in, I suspect it is not judicial, you will have about 3 days after they foreclose to move or the sheriff chucks everything you own out on the street.Generally, foreclosures happen on the first Tues. of the month or a specific day each month in a foreclosure state. So, if you received it a couple days ago then the foreclosure would occur the first Tues of Dec. But, every state could be different so you need to find out from the HOA.Suggestions.1. See if you can come up with the cash to satisfy the default judgement-bottom line what they want is the money2. Get an attorney that can help you out, not any attorney, a real estate attorney3. file bankruptsy 4. Find a less expensive place to liveI don't like any of these but this pretty much sums it up.When I was buying foreclosures, when someone filed bankruptsy, the foreclosure stopped. This is temporary but it could buy you some time.
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