QUESTION
Can I stop the eviction procedure by paying off the judgment against me?
Asked on Jan 26th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I am being evicted from my condominium unit by the homeowner's association. The "notice to unknown occupants" from the Sheriff was posted on my door on 01/25/13.
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your situation would have to be reviewed before I would render an opinion. As there is already a judgment I would look to its terms first. You have provided insufficient information.
Answered on Jan 30th, 2013 at 5:17 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Yes, you are responsible for the back fees, assessments, curing any non conforming problem with the property and attorney fees.
Answered on Jan 30th, 2013 at 5:17 PM
Yes, but you need to file a written response with the Court in which the eviction papers were filed (probably Justice Court). You may be responsible for the HOA's costs of collection and attorney's fees, but the delinquent fees should be limited to 9 months worth. If you can?'t get results from the Court by filing a written response, you should seek a preliminary restraining order and injunction to stop the foreclosure.
Answered on Jan 30th, 2013 at 5:16 PM
If it is merely a matter of non payment then paying what you owe should satisfy the Association. You should consult a real estate attorney to review all documents and advise you.
Answered on Jan 30th, 2013 at 5:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk to the attorney representing the HOA immediately. Generally, HOAs do not want to own condominiums, they want the dues. It may be possible for you to make a payment arrangement to allow you to keep the condominium.
Answered on Jan 30th, 2013 at 5:15 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If a writ of possession has already been filed it is up to the Landlord if you pay and they want to allow you to stay.
Answered on Jan 30th, 2013 at 5:15 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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It depends on what state you are in and where in the process you are. If you are in North Carolina, the HOA will first foreclose. This is the time to pay what you owe. If they get past the foreclosusre and the condo is sold, then they evict you like a tenant. At that point, you have no right to the property anymore and you are at their mercy to agree to let you back in.
Answered on Jan 30th, 2013 at 5:14 PM