Challenge to Claim of Lien Foreclosure
Question regarding condominium law/contract law:6/20/2006 -Notice of Special Assessment to cover cost of replacment of roofs.Two options:a)pay in full by 8/1/06. b)make 12 equal monthly pmts starting on 8/1/06, ending 8/1/07.(due to later developments last pmt made 5/1/07). Paragraph stated following rules apply:1) A $25.00 fee assessed for pmts made after the 10th of each mo.;2)Delinq. accts after 3rd mo. w/b referred to lawyer for collections, all charges w/b incurred by the unit owner.;3)Non pmt of assessmnt will carry same penalties unit ownersincur when regular maint. fees delinquent. Due to financial probs (2 co's I wrk'd for folded Jan -Apr.07) I made no payments Feb., 07 -May 07. We rec'd letter dtd Apr.19,2007 on Condo letterhead, addressed to us referring to unit by # and us by name.It stated last pmt for spcl assessmnt is May.Said our records indicate bal due of $1102.75 incl mo. of May.Then"We are kindly reminding you that this must be paid off by the 10th of May 2007." It says they will issue a Notice of Satisfaction of Assessment.it ends"This will be our last notification directly to you in reference to this matter. If we do not hear from you by the 10th of May, your account will be placed with the condominium lawyer for collections." "We thank you for all the effort you have made to pay this assessment and we hope that you can cancel its pending balance before or on the final due date." The doc is signed over "Board of Directors and includes the raised seal of the corporation. On May 8th we then receive a letter from condo attorneys dated April 30, 2007. The letter notifies us of intention of condo to foreclose a Claim of Lein on our property (w/copy attached hereto). It asks for the sum of $1297.24 representing unpaid assessments, administrative fees & late fees through "April 2007", together w/title search/assembly expense of $150.00, atty's fees and costs of $335.00, plus interest chgs (if applicable. The total sum due and owing is $1782.24. It gives us 30 days from receipt of letter to pay by cashiers chk or M.O. or Claim of Lein may be foreclosed upon. If action taken add'l atty's fees & costs may be assessed against us.All certifications are properly made and certified mail # is documented. A statement of compliance with 15 U.S.C.S. 1692(g)(a)of attempt by atty to collect a debt & gives us 30 days to dispute validity of the aforesaid debt or any portion thereof, else assumed to be valid.Notice of dispute must be made in writing. My question is as follows: Is this a valid claim of debt since the atty's letter is: 1) dated April 30, after the preceeding Condo Assoc notice giving us to the 10th of May to pay before action will be taken, considering too, the original notice of levy of Special Assessment & stated rules.;2)The notice claims a sum due through April, 07' when this is the total due through May, 07'.It seems to me that the condo letter precludes the April 30th notice. It seems the condo atty's would have to file again after the 10th of May. Please help, ASAP. I am supposed to deliver payment on Monday, June 4th (arranged w/atty handling for law firm to pay $1400.00 6/4/07 & bal $382.24 on 6/18/07). Thank you in advance.
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