Legal Question in Real Estate Law in California
I could not afford the condominium I was living in. I went on maternity leave and stopped paying the mortgage. After 9-10 months I moved out in the hopes of selling it and stopped paying the monthly HOA dues when I moved out. The condo did not sell and went up for auction about 2 years after i moved out. Around the same time I got a collections notice from the HOA for the dues. In my ignorance I figured this letter came before the transfer of the condo and that after the sale I was no longer liable. well, a year later I have been served papers and am heading to small claims court. I really can not afford the fees and to have my wages garnished would be a complete financial hardship for me. I don't know if I could afford to keep the roof over my family's heads and I am an emotional wreck. What, if anything, can I do?
1 Answer from Attorneys
Work out a repayment schedule with them before the trial date if possible. They WILL get a judgment against you and could levy on your wages and assets. Try to avoid that through an agreement.