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pmc
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| Joined: | Wed May 7th, 2008 |
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| Posts: | 2 |
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Posted: Fri May 9th, 2008 11:30 am |
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Thank you for your reply. This has caused issues between my husband & myself. This means alot to have an outside person see how we were taken advantage of
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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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| Posts: | 1117 |
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Posted: Thu May 8th, 2008 06:42 pm |
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You need to speak with an experienced Real Estate Attorney who does business where the rental property is located. The problem is very complex and you will not be able to solve it without getting very specific legal advice from an attorney who knows what he is doing. It does not make sense that you would have been legally required to pay past-due HOA dues under any circumstances because you did not own the property or have title to the property.
To my knowledge, real estate contracts have to be in writing to be valid.
It sounds like you were taken advantage of... I'm sorry to hear that you have experienced such problems.
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pmc
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Posted: Thu May 8th, 2008 01:26 pm |
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HOA= Homeowners Association / K&W= initials for Real Estate Company
We never spoke with the Owner of the house on any issue. 10/2006 my family & I Rent $350,000.00 + Townhouse. The Owner of the house is the wife. Real Estate Agent (wife), Company Managing Townhouse (husband CEO & Wife CFO) These people have been 3 year clients of my husband. (my husband has over 2000 clients)We were in the market for a house they had a Property we might like. The Gentlemen's Agreement between my husband & the owner's husband ( plan is to purchase in 2007) We sign a 1 yr Lease. 04/2007 my husband is Summoned with a $5000.00 Garnishment Notice for Unpaid HOA Dues 2003-2005. We inform Manager of Property (husband) ,Attorneys for Subdivision, HOA Association, Management Company of the Subdivision, The Court this must be a mistake we just moved in. Property Manager tells us knows nothing about it has the Cancelled Checks from the previous Tenant Paid. He will look into this. he never sends we seek an attorney next door to Court House who says" it's a "Judgement" now just pay it" We Do I start feeling uneasy friend no frien client no client these people never offered reimbursement or producued the so called checks from the previous Tenant. Our Attny sets up an IOLTA Account we make payments into it instead of paying Owner of House ( Not going to Pay Monthly Lease Payments & Pay there back HOA Fees. 8/1/2007 We are served with Eviction Papers (New Owner) Wife also owner of house & real estate agent Sold house back in May 2007 for $47,00.00 We had no idea. We try to locate current Owner (a Real Estate Company) to let them know you have consistantly paying Tenants Living in the house looking to purchase. We were given 2wekks to GET OUT. Same time our child starts Middle School. We go back to Court for more time to pack & Leave Court gives us until October. Still trying to speak with the New Owner thru my investigating I find the New Owner & 1 of the County's Attorney has the same address & the New Owner is Owned by the Old Owner. The County ATTNY. writes back there is a 2nd out on the Mortgage They are not selling now We have ALL Legal DOCUMENTS: The DEED, Court papers showing the sale for $47,000.00. The HOA Handbook stating Owner of House is Responsible for HOA FEES, When I called about the Eviction the number matched with that Owner but another Tenant in another location. I e-mailed these & more Legal Documents to the wife's Real Estate Agency she Representated, along with Simultanious E-mails from husband admitting he still owned house & threatening myself & my husband's Business,. She is no longer a Real Estate Agent Representing K&W. Her License may be revoked. Obviously they have a friend in the Court house not feeling comfortable placing a Law suit in Small Claims at this time the records show we did not answer a Judgement. I can prove not true
There is more. Bottom line we want to rcoop our Monies for HOA, New Air Conditioning Unit, Moving Fees, etc & not see anyone else hurt like this. This happened in the state of Georgia
Did Criminal Activity Occur or were we just too trusting in a so called associate?
Thank you, for any comments
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