Canton, MI asked in Foreclosure and Real Estate Law for Michigan

Q: Why would my HOA refuse to accept payments?

I did not pay my HOA dues for 2 years. My fault completely. I received a foreclosure filing over $725. The filing attorney wants $2,100 for filing what should have been a small claim.

I sent an email to the HOA explaining that I would be sending 3 payments to cover the past due. They sent each payment to the attorney and each was returned to me, by the attorney with a letter explaining that the HOA will not deal with me and will not accept any payment until I call the attorney and make arrangements. Yes, they returned the $725.

Originally I sent an email to my HOA explaining that I was making the payments and asking them to work with the attorney on some reasonable fees, AFTER stating that a foreclosure filing on a home over this amount was insane.

What can I do? If this essentially over charging? Foreclosure????

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: You need to be in contact with your own attorney pronto. Whether it's necessary or insane isn't the question; is it legal? People lose houses for unpaid water bills and taxes that equate to a fraction of the home value. Likely, one of the remedies available for breach of contract for non-payment is foreclosure. And once things get to that point, it's not a simple matter of just paying up. You're going to pay attorney fees and costs, unless you (or your lawyer) can find a misstep on their part. And there's nothing requiring them to stall the foreclosure and let you pay anything, which is why they directed their attorney to return your payments.

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