My family and our homeowners association, and the managment company have been going at it for years. They are a bunch of tyrants with no lives. But, I do like my neighbors. Anyways, DH and I have had it with them. They filed a nonjudicial lien against our home last year, (which is invalid), we paid the entire amount of the lien to avoid "foreclosure", under protest. So, after the management company recieves our payment to satisfy the lien, they keep sending letters, saying we owe an additional amount, $450, and if this additional amount is not paid, our file will be referred to an attorney to commence foreclosure proceedings in 30 days. The letter mentioned the exact dollar amount, without any explanation of how they arrived at that amount. I had to do some research to figure out what the additional amount was, it was NEXT MONTHS DUES (we were in the month of July, and our next months dues were for August, payable by August 31, before considered late.) The additional amount also included a parking fine, that was assessed, according to the billing records, the day before the intent to foreclose letter was mailed. In California, a lien can't be taken for fines and penalties, hence, there can be no foreclosure proceedings on parking fines, even if I was late paying them (which I wasn't). They sent this intent to foreclose on two of our family properties, to four owners of record. As far as I am concerned, each indiviual who received the threat could sue for FDCPA violations separately. â??The threat to any person that nonpayment of the consumer debt may result in the arrest of the debtor or the seizure, garnishment, attachment or sale of any property or the garnishment or attachment of wages of the debtor, unless such action is in fact contemplated by the debt collector and permitted by law;â? California Civil Code Section 1788.10 (e) I am fairly convinced my HOA and management company intentionally did this. Like I said, we don't get along. But I am really disgusted they go in so far as to threaten to put my home(s) into foreclosure when they knew it could never have been done. Any legitimate lawyer would have laughed at them. Fair Debt Collection Practices under Calif. law make original creditor liable. Additionally, under Calif. law, HOA's can be subjected to fdcpa (state and federal) violations. Any thoughts????
