View Full Version : How do you emergency court hearing
friend4shelly
May 31, 2013, 06:45 AM
My house was foreclose on by the HOA
I know that did not follow the David Sterling act. It is a illegal foreclosure.
The president of the board was the only one that approved it.
I was out of town my mom and sister passed away.I know I had 90days to redeem I now have 30 days.
Can I go to small claims.. Or what papers do I need to file. To get more time
Thank you.
JudyKayTee
May 31, 2013, 07:29 AM
Where? It matters. I believe California, and you are asking about a condo?
You would have to go "back" to the same Court and get the ruling/Judgment set aside. Your grounds are failure to notify you? How else did they not follow the rules?
I do not see any restriction on who speaks on behalf of the Association - are you saying the "foreclosure" never went before the Condo Board, that this President on his/her own filed the papers?
ScottGem
May 31, 2013, 08:31 AM
First, it is the Davis-Stirling Act. Ow can you know that its provisions were not followed if you don't know exactly what it is?
A few more details would help.
JudyKayTee
May 31, 2013, 09:03 AM
Sent to me by PM: "a few of the board members came by last night to offer their condolences and a drink and to tell me that the ,,,board did not vote to send me to foreclosure,,, they gave me a copy of the minutes for the last 3y and a copy of David sterling act. And it says the board must vote and put it in the minutes. This did not happen They are aware that I did ask for ADR and was never given it I ask for in writing. They did not think it would never go this far I the first person the board did this too. The other homeowner owed 20k they dismiss her case. I owed 10."
ScottGem
May 31, 2013, 09:28 AM
First, please don't use PMs for follow-up. Post a reply to the thread. Second, again it's the Davis-Stirling Act.
So lets get the facts straight. What do you owe? Is it HOA dues or a mortgage on the property? Is there a mortgage on the property?
What does the notice you received actually say? What is supposed to happen next?
joypulv
May 31, 2013, 10:30 AM
You say that your mother and sister died, and that you need more time...
That suggests that you can't pay the 10K until you inherit, and probate takes months (if you are lucky) to finalize.
So it sounds like you need to face this directly but talking to as many board members as possible NOW and not thinking you can go to small claims, which this can't handle.