Legal Question in Credit and Debt Law in Illinois
association fee collections
I bought a forclosure about a year ago but was not informed of any association fees. I do not live at the property and never did. It's been vacant since the day i obtained it. My mailing address is different and they sent me mail at the vacant home anyways. I was unaware of the fees and now a year later when I go to check the mail over there I see a letter with legal fees and possibly a lein against the property. What can I do. I am willing to pay the past due association fees but don't agree with the misc fees and legal fees or late charges. I mean...obviously is the place is vacant why would you send mail there?
2 Answers from Attorneys
Re: association fee collections
You will want to talk to them about it. If they take you to court they would probably succeed in obtaining late charges and legal fees, but they may be willing to waive them if you discuss it with them. There is only one way to find out. And that is to contact them.
Re: association fee collections
I would have to say you are stuck. You should have searched the title or arranged for a title insurance policy when you bought the property. This would have alerted you to the fact that the property was part of a homeowners' association. The homeowners' association has no duty to track you down, so sending the notices to the property was reasonable on their part. Your only hope is to sweet talk them to the best of your ability. Good luck.
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