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Homeowners Association Dues 60-90 Days Past Due (12/12/08)

 

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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.

   
       I got a bill for my homeowner's association dues again. The bill is 60-90 days past due. This is for the first house that went back in foreclosure back in October. The total is for a little over one thousand dollars ($1,209.38 to be exact).

          I have emailed the association previously that I no longer own the house and that I believe the bill should be sent to the bank (Deutsch Bank) which now owns the house. The association, however, must feel that I am liable for the association dues and not the bank. They are probably right. The bill is most likely for the previous year although I have not asked them that yet.

          Luckily, I do not see any interest or penalties or late fees being added to the bill. Plus, the statement shows where they will list the bill as 90-120 days past due and then even 120+ day past due. This could drag out a while.

          Since the bill is for less than $5,000, the association will probably take me to Small Claims Court if they do not drop the bill or send the bill to Deutsch Bank. Either of the last two options would be fine with me. I am betting they will take me to Small Claims Court though. At that point, providing that I do not file bankruptcy and that I do have money to pay the bill, I will most likely just pay the bill and be done with it. From my last experience with Small Claims Court, I know prosecuting attorneys can tack on a lot of legal charges and court costs which will easily more than double this current amount.

          Some people will ask why I do not just go ahead and pay the bill now. True, I do have money that could pay this bill off; but what do I gain from this? My credit is already shot (my credit score has got to be less than 500 by now - and credit is the least of my worries at the moment). Plus, there is always the chance that the bank will pay it or the association will drop the bill (the development company already filed bankruptcy this year). Also, I might be forced into bankruptcy any day now. As of right now, the only negatives to having this bill is that they keep sending me a bill every month and it is a ding against my credit report. Those two things are not enough to make me cash in some stock to pay this bill. I will let it sit for awhile and see how they eventually take the matter.

 



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