Helpful neighbor!

[LJH]

Thanks for the update. Hope your next one is that it's been resolved to your satisfaction.

 

[PhysAssist]

Hi SA,

Glad to hear the update!

+2 on the foreclosure, I just saw an article where a homeowner's association foreclosed on a lady in her 60's for $288 in back-owed homeowner'sassociation fees.

Best of luck with it all.

Thomas

She already owes me $400.00 + 12% interest from the adverse possession lawsuit. We have made up our minds that if we don't get paid for a new fence, we will hire an attorney and foreclose on her property. The lawyer we had through the last lawsuit wanted to do this, but our last state governor made him a judge in superior court.

 

[Shield Arc]

+2 on the foreclosure, I just saw an article where a homeowner's association foreclosed on a lady in her 60's for $288 in back-owed homeowner'sassociation fees.

That's good to hear Thomas! I'm glad my attorney didn't make off the cuff statements that he couldn't back up. Thanks for posting this!:thumbsup:

 

[PILOON]

The only problem is that postponements = more fees for the lawyers.

 

[two_bit_score]

Hi SA,

Glad to hear the update!

+2 on the foreclosure, I just saw an article where a homeowner's association foreclosed on a lady in her 60's for $288 in back-owed homeowner'sassociation fees.

Best of luck with it all.

Thomas

That's good to hear Thomas! I'm glad my attorney didn't make off the cuff statements that he couldn't back up. Thanks for posting this!:thumbsup:

The HOA's authority to collect dues and fees usually comes from the contractual obligation the owner takes on when they buy the property. Sometimes they are also granted rights to foreclosure under state law that you might not have available to you.

Courts are very strict in allowing enforcements of negotiated contractual obligations which is why it would be a good idea to consider the deal her attorney offered you. IF you can get her to sign an agreement that would be enforceable as a contract and IF it contains substantial penalties for her violation then you MAY have some considerable leverage with her later on.

 

[Shield Arc]

I think I'll wait to see how the legal system handles this. Right now she is charged with criminal trespass, and malicious mischief in the second degree, which translates to a class C felony. She is looking at up to 5-years in jail, and up a $10,000.00 fine. :cool2:

RCW 9A.48.080: Malicious mischief in the second degree.

RCW 9a.20.021: Maximum sentences for crimes committed July 1, 1984, and after.

 

[Midniteoyl]

The HOA's authority to collect dues and fees usually comes from the contractual obligation the owner takes on when they buy the property. Sometimes they are also granted rights to foreclosure under state law that you might not have available to you.

Courts are very strict in allowing enforcements of negotiated contractual obligations which is why it would be a good idea to consider the deal her attorney offered you. IF you can get her to sign an agreement that would be enforceable as a contract and IF it contains substantial penalties for her violation then you MAY have some considerable leverage with her later on.

Agreed... HoA fees usually go as a tax lien.. Tax liens are about the only way you can foreclose on a property without being the bank. ie, the government and bank are the only ones. In some states (most??) a contractor who has done a substantial amount of work on the property can also try to foreclose on an unpaid lien. never heard of a neighbor dispute being a valid reason.

 

[PhysAssist]

No longer a "neighbor dispute" once the court ordered the paymnt.

It may rate a contempt of court charge too?

T

Agreed... HoA fees usually go as a tax lien.. Tax liens are about the only way you can foreclose on a property without being the bank. ie, the government and bank are the only ones. In some states (most??) a contractor who has done a substantial amount of work on the property can also try to foreclose on an unpaid lien. never heard of a neighbor dispute being a valid reason.

 

[Midniteoyl]

Here ya go.. lotta hoops to jump through to do it.. Main thing is though, the primary lien holder will have LOTS to say about it too.. And again, this is usually 'creditor liens' that can do this..

Can a judgment creditor foreclose on my home? | Nolo.com

 

[Western]

Glad to hear you're hanging in there, people like that only understand certain forms of treatment. I think I would do as you are doing, let time and the courts run their course. You will be offered several deals by her attorney over time I would bet. I could see letting her look the Judge/jury in the eye, be tried, and do her penance as partial "restitution".

 

[Midniteoyl]

Collect Your Court Judgment With a Real Estate Lien | Nolo.com

What happens to judgment liens during foreclosure? | Nolo.com

 

[Shield Arc]

Midniteoyl those are great reads, thanks for posting the links!:thumbsup: I bookmarked them.

 

[Midniteoyl]

Good luck

 

[Shield Arc]

For those of you who might still be interested in my soap opera.


Went to court this morning. Before the judge came into the room I asked the 12-year old:shocked: prosecutor why the prosecutor's office will not return our phone calls, or give us any information about the case. He said that we are not involved, it's the state of Washington vs my neighbor lady. He opened his file and showed me a hand written note, to accept a pretrial agreement. She is to pay the courts the $3,475.20 for my fence. The prosecutor's office put in place for 2-years a no contact order, so the neighbor can not have any contact with my wife. He said if the neighbor comes on our property within this 2-year period to call the sheriff's office, they will come out and arrest her, the court will convict her without a trial.:thumbsup:

When the judge called my neighbor's name he explained in detail to what she was agreeing to, and asked her if she understood this. She replied, "well no not like this". The judge asked her lawyer to take her outside the court room and explain it to her. They came back in and her lawyer told the judge she wants to go to trial.:shocked: So we have another court date of March 19, 2014.

Stay tuned, the soap opera will continue!

 

[bakerg]

Is she going to plead insanity?:laughing:

 

[Midniteoyl]

Wow... what the heck?

 

[J F]

Is she going to plead insanity?:laughing:

Sounds like she could get away with it. :confused2:

 

[Western]

What a stubborn old bird!! She may find out she should have taken the deal. Feel for you, but glad shes in your neck of the woods.

 

[GolfAddict]

I'll bet she had agreed on the deal, on advise from her lawyer. Then she gets there, and goes off the deep end again...

 

[KubotainNH]

Wow. Thanks for the update.