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In reply to the discussion: Kentucky 75-year-old's house seized, sold over $288 unpaid HOA dues [View all]jeff47
(26,549 posts)67. In most jurisdictions, small claims court is only available to people.
I have no idea if that's true of this jurisdiction, but it's probably not available to the HOA.
You seriously belive this woman should lose her $100,000.00+ house for debt $288?
She lost the house, but got the proceeds of the sale beyond the $288 and the legal fees. She bought it for $93,000 house and she got $88,000. I have no idea if the difference is all fees or if the real estate market in her area is shitty compared to when she bought it.
No and that's still a different situation.
Of course. The money goes to something you like.
Property taxes are much higher than 40 dollar per year
Again, depends on the jurisdiction. It's likely that they're more than $40/year. They will still be a tiny fraction of the value of the house.
no I wouldn't support taking a persons house over failure to pay taxes. Its called wage garnishment as many people have said in this thread and all it takes is a court order.
Then I have terrible news for you. Cities don't do that. They take the property.
Seriously, to get to the point where the HOA can foreclose and sell the house, she has to have ignored a TON of mail, a TON of notices, signs on her property, and at least a process server if not other in-person visits. Is it a happy story? No fucking way. Is she just a old woman who just didn't understand what's going on? Fuck no.
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really? how many houses have you seen sold out from under the rightful owner for $288?
reddread
Nov 2013
#9
$288 dollars is probably less than five percent of the value of her dwelling.
Gormy Cuss
Nov 2013
#15
Businesses cannot sue in Small Claims Court. And I'm sure there was a lien for years
Demeter
Nov 2013
#94
Yep. She's a con artist and manipulator who got burned by her own games. nt
Demo_Chris
Nov 2013
#140
Garnish her income or sue her and have funds from her bank account turned over
functioning_cog
Nov 2013
#31
Yes, they can garnish. If they sue in court one of the remedies assigned by the judge can be wage
Pretzel_Warrior
Nov 2013
#48
Not true. When my mom was dying of cancer...her finances were in disarray. Her HOA
Pretzel_Warrior
Nov 2013
#51
First, she's an immigrant so she may not have understood the HOA agreements she signed. Also, as a
okaawhatever
Nov 2013
#7
Corporations cannot use small claims court in Michigan. They must go to District Court
Demeter
Nov 2013
#93
So she should lose her home for a bill >$300? Seriously? How about small claims court first?
uppityperson
Nov 2013
#147
I have no sympathy for the snoots that live in HOA-controlled neighborhoods. nt
HijackedLabel
Nov 2013
#10
we're not snoots. We live in a very normal ($125-200K homes), but the builder started the HOA
NightWatcher
Nov 2013
#13
I imagine may people predicate their sympathies on zip codes rather than on the people themselves
LanternWaste
Nov 2013
#14
Went house-hunting a few years ago - every development w/i 20 years has an HOA.
SomeGuyInEagan
Nov 2013
#36
Then you don't know much. Most new developments have HOA set up by developer
Pretzel_Warrior
Nov 2013
#53
It did. Here in Houston, where there is no zoning, HOAs are sort of necessary.
ScreamingMeemie
Nov 2013
#87
I think the HOA is entitled to enforce the agreement she signed when she bought it.
jeff47
Nov 2013
#22
Penalities and interest should have been enough to rectify the problem imho nt
snappyturtle
Nov 2013
#83
And since she was not paying them, those fees an interest would be collected....how?
jeff47
Nov 2013
#104
And what you've failed to explain is how doing that causes her to start paying. (nt)
jeff47
Nov 2013
#118
Well, let me guess....1) Lose home OR 2) pay penalties and interest. eodiscussion
snappyturtle
Nov 2013
#120
So....it would have been OK to foreclose if there were penalties and interest involved?
jeff47
Nov 2013
#121
I read the article, the warning order lawyer warned them she hadn't been notified.
haele
Nov 2013
#65
Imagine if you signed a contract to do work for someone and they refused to pay you.
Sirveri
Nov 2013
#116
I hate HOA's, but you can't just throw away envelopes imprinted with the words...
lumberjack_jeff
Nov 2013
#79
We had a similar event in Texas and I do not recall the details, she had some attorneys jump in
Thinkingabout
Nov 2013
#80
I'm willing to bet most housing stock in this country isn't under HOA's.
TwilightGardener
Nov 2013
#106