My HOA’s Attorney raked up excessive unjustified fees on me for their own personal gain. I was late paying my HOA fees initially and willing paid the stated late fees along with my HOA dues. However, the Attorney collecting these fees does not accept credit card payments over the phone or online, etc. Therefore, I mailed the amount owed. To my surprise, I later received another letter indicating I owed another 0 for late fees. I ignored this notice b/c I thought that they probably didn’t input my payment in their system prior to the letter going out. So I received another letter stating I owed the 0 plus additional fees, and so on. Basically, each time I paid the stated late fees via mail, the Attorney claimed my payment didn’t arrive on time to their Office, and therefore I owed additional late fees.

In addition, all of my payments were applied towards Attorney late fees rather than my HOA dues. My dues were only 0 per year, but within that year I paid over 0 in additional fees that were never applied towards the full amount owed to my HOA. The Attorney continued to take their money off the top and say that I still owed a balance towards my HOA dues. As a result, I stopped paying b/c I felt I was being ripped off and the fees continued to increase. They ended up suing me for the amount they claimed I owed along with more Attorney fees and court cost.

Since I mistakenly missed the initial court date, when I showed up for the second court date where they filed a judgment against me, they won simply b/c I missed the initial court date. Now they are garnishing my bank account for the amount owed from the judgment.

Currently, I’m unemployed and my home is in foreclosure. I recently filed chapter 7 bankruptcy to stop the sale of my home so I can have time to secure a job and work out a modification on my home loan and get it out of foreclosure. I have not had the meeting of creditor’s as of yet. Can I discharge the past due HOA fees from the judgment/garnishment? I am willing to pay the past due HOA fees I accumulated after the garnishment since I intend on keeping my property. Also, I live in Georgia. Thanks for your answers.

Technorati Tags: attorney fees, chapter 7 bankruptcy, credit card payments, creditor, foreclosure, hoa dues, home loan, job, judgment against, late fees, mail, money, personal gain, surprise

Microsoft, Boeing, Raytheon, Northrop, Auto Manufacturers, the DOW, every Broadcasting and Recording company, O’Hare (smile), Hollyweird, and the rest all gone…
Even then, neo-cons would be begging for more tax cuts, as the US dollar’s value spirals down the drain in front of their eyes.
jeff_loves_life (below) Denial of the litany of red state residents on social programs won’t change the reality.
suthrnlyts2004 (below) Well thought out and well spoken like a true lady… No surprise there.

Technorati Tags: auto manufacturers, boeing, denial, dow, hollyweird, litany, microsoft, neo cons, northrop, raytheon, recording company, smile, spirals, state residents, surprise, tax cuts, true lady

I didn’t realize that my 2nd mortgage was not included in the Chpt 13 Bankruptcy filed 3 yrs ago. It was a stupid mistake on my part and I am going through a horrible situation because of it now. I haven’t heard from the mortage company since before the bankruptcy, 3 yrs ago, and had no reason not to think the loan ws not included, until out of the blue, I receive a phone call last week, demanding the balance in full. Imagine my surprise! I made a terrible mistake! I would have never let this happend had I realized. Anyway…regardless of that, I am left with a loan, with a major delinquency. It is in default and considered a delinquent mortgage. The loan is 35,000 , originally 27,500. and growing by the minute! I don’t know what to do! I don’t have the money anywhere, we are trying to rebuild credit, there are no alternatives for me that I can see. Can someone help me? Im so confused and absolutely scared to death. My 1st mortgage is in perfect standing. I welcome all comments!

Technorati Tags: chpt 13 bankruptcy, delinquency, delinquent mortgage, happend, horrible situation, money, mortage company, out of the blue, phone call, stupid mistake, surprise, terrible mistake

A chapter 13 bk is likely in my future. I’m looking for some real world pros and cons about this scenario:

I’m in chap 13 and making my payments, and I see a 00 auto repair coming at me. Would the trustee let me slide on 00 worth of payments to take care of the critical auto need ? IE, how do judges handle unanticipated expenses that happen while you’re in chapter 13 ?

The other alternative that I see is – stop paying my mortgage and bank those funds. Hire the bk attorney, get it all ready to file, then sit on it. Keep ignoring the mortgage and accumulate some cash until the foreclosure sale is imminent, THEN have my attorney file the chapter 13 to stop the foreclosure and add the mortgage arrears into the payment plan. This gives me a cash cushion to handle the surprise expenses.

Comments please ?

Technorati Tags: auto repair, bk, cash cushion, chap, chapter 13, foreclosure, mortgage arrears, pros and cons, real world, surprise, trustee