QUESTION

HOA problem

Asked on Jun 06th, 2013 on Residential Real Estate - Florida
More details to this question:
i bought a home and was informed of my HOA. I pay them every month along with my mortgage. about year into living in my home i received a letter from a different HOA saying that i owe them a balance that actually starts with the last homeowner. I did not receive any info as far as a monthly statement nor did i sign anything refering to this other HOA fee. They have only sent me past due notices and their only explanation is that my Realtor should have informed me about them and he should have submitted a pay off letter to them before closing. They are now threatening foreclosure if the fees are not paid. i am wondering do i have to pay them the fee that i still haven't received any monthly payment info on and is my Realtor liable for the fee if i do have to pay it because he didn't inform me or didn't know of the other HOAs presence.
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1 ANSWER

Asset Protection Attorney serving Vero Beach, FL at Charles H. Sanford Law Offices P.L.
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Dear Anonymous, If this deal was closed by a title company or attorney, they should have requested an "esoppel letter" from the associations involved in order to clear/delete title requirements. If a finally policy of title insurance was issued to you w/o actually clearing this title requirement, then it's very likely that your policy will cover you and you should make a claim against the title insurer.
Answered on Jun 06th, 2013 at 4:02 PM

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