Goose Creek, SC asked in Foreclosure and Real Estate Law for South Carolina

Q: I have just received a letter threatening foreclosure on my home for 600$ (two years HOA Dues.

The first year of being late HOA locked me out of my account and has not let me make any payments for previous or current years. They have charged me a daily fee of late fee, administration fees and my $600 bill is now $2600.00 2 years later. I can’t even pay my upcoming year because I am locked out. I would be more than happy to pay but because I’m locked out I’m not able to pay anything. They do not reply to my phone calls or emails they have sent put two liens on my house and falsely stated that they’ve sent me certified mail, which I have never received due to my work hours not being home when the mail lady comes. Is there anyway for me to fight this? What they are doing is not written in my original HOA contract that I received when signing my mortgage. There are multiple people in the neighborhood going through this and we have recently found out that our HOA has gone to the courts and changed bylaws without telling anyone so they can continue this behavior. Can I fight this?

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1 Lawyer Answer
Anthony M. Avery
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A: You might file a declaratory judgment action and also ask for a temporary injunction. You will need a SC attorney who can file suit fast.

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