HOA Lawsuit for Lien Foreclosure

[helpmehelpme]

despritfreya I saw a part on there that says the Stipulated Judgment will need to be signed and returned to their office for filing with the court. Your thoughts?

[helpmehelpme]

justbroke please delete. I’m sorry. I tried to private message despritfreya but it said I wasn’t authorized to. My apologies.

[helpmehelpme]

Okay, please delete

[despritfreya]

I agree with JB. Too much info - maybe JB can delete the post as I did read the attachments.

Entering into a Stipulated Judgment is ok so long as there is also a “Covenant Not to Execute” unless you default. Make sure one of the settlement documents is such a Covenant. The Covenant means the creditor will do nothing to execute on the judgment including but not limited to garnishing wages, levying bank accounts and/or recording the judgment with the County Recorder’s office (please make sure there is an agreement NOT to record the judgment).

It appears that the agreement is:

1. Resume regular payments on all assessments, fees, and dues as they become due beginning January 1, 2022. (I assume the next payment comes due as of January, 2022 - you don't want to fall further behind.);

2. Submit "$x" per month for no more than "y" months with those payments used to cure the default; and

3. Give personal information as indicated. This information will be used if you fail to make the payments. The creditor is asking for sufficient information that will allow it to garnish wages should you default.

In general I see nothing wrong with the settlement and, if you can live by the terms of payment, you should be fine. If you want me to review something else, private message me.

Des.

[justbroke]

despritfreya

I don't know if you should have posted that information into the forum. Perhaps you could send despritfreya a private message instead?

Let me know if you want me to edit and delete that information.

[helpmehelpme]

despritfreya

[helpmehelpme]

despritfreya I just received an email with info from Sellers regarding a Stipulated Judgment!! Does this get paid by me or is it sent to an employer to be paid from paycheck? They are asking for our full legal names, phone numbers, marital status, employer name, and preferred due date for the payment. They’re giving us 48 months and we must stay current on all assessments, fees, fines, etc that will come due. This is such a huge relief and weight off my shoulders. I couldn’t be happier. What are your thoughts?

[helpmehelpme]

Please disregard my message from this morning… Sellers just sent me information for a Stipulated Judgment.

[helpmehelpme]

despritfreya I am still waiting for the response from Sellers but…in case things do go south, should I tell him that I’m trying to avoid filing a Chapter 13 and can I submit a new proposal?

[despritfreya]

It is 10 calendar days but. . . if the 10th day falls on a weekend or state/federal holiday, the 10th day is the next business day.

Des.

[helpmehelpme]

despritfreya Would the 10 additional days for the Application of Default in Pinal County Superior Court be 10 calendar days or not including Saturdays and Sundays? I’ve looked it up but found conflicting information. Thank you.

[despritfreya]

The 30th is Thursday. I would call him on Tuesday just to give the HOA a little time on its decision and to communicate that decision to Sellers. You still have time as it relates to the Answer since an Application for Default has yet to be filed.

Des.

[helpmehelpme]

despritfreya The HOA meeting was on Thursday night and I am still awaiting a response from Sellers. How should I proceed? Should I email him on Monday or wait for his response and ask for more time to file the answer? I was hoping to come to an agreement before I have to file the answer because I’m worried about him filing for an MSJ.

[despritfreya]

I don't read anything into it and negotiations are never "closed". Just keep on top of it.

Des.

[helpmehelpme]

despritfreya Do you think it means they’re leaning toward not working with us to resolve? And, after an answer is filed are negotiations considered closed?