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Another Friend in Small Claims Court (09/15/08)
 
 

Disclaimer: I am not a lawyer. I am only publishing my interpretation of my situation. You should seek your own legal representation for your own particular situation. Do not rely on my opinions or statements for your own purposes as state and local law varies as do individual circumstances.
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       I heard today that a friend/neighbor of mine is going to Small Claims Court for his unpaid condo fees. We chatted for a bit. I feel glad that I was able to tell him how mine went. It was unfortunate that I did not have any good news to tell him, but he at least got the benefit of hearing what I went through. The highlights of advice to him were that the prosecuting lawyers will come after him personally, not just after the real estate. If they were just going after the real estate, I do not think they would even have to go to Small Claims Court. Also, they would come after all of his assets including any vehicles, real estate, checking accounts, savings accounts, stocks, bonds, brokerage accounts, wages... and they would come after him relentlessly. It was not a very encouraging conversation. I did advise him to speak with a lawyer and pay the condo dues before it ever got to Small Claims Court as the attorneys would tack on hefty fees and penalties and interest.  I do not know if he has enough money to pay them, but he will end up in a deposition after the Small Claims Court hearing if he does not. If he finds any other way out of it, I will be surprised.

        He was also going to a foreclosure hearing downtown for one of his condos. He texted me later that they set a date sixty (60) days out for foreclosure. That would give him a little time to find a buyer, but he doubted he would find one (I doubted as well). Surprisingly, he had already submitted two sale contracts to the banks earlier. Both, however, had been rejected by the banks. One was only ten thousand dollars ($10,000) short of what the bank wanted (although only half of what the mortgage was). It is like the banks do not want short sales. They seem to prefer foreclosures. Rest assured, they will be getting their fair share of foreclosures from down here on Perdido Key.

          The bad thing about the foreclosure extension is that he will not find a buyer, most likely; and he will be liable for the condo fees during that time as well. He would have been better off without the extension.
 
  


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