Wednesday, September 7, 2011

Despite Already Receiving Payment On Delinquent Dues, HOA Forces Foreclosure Sale On Homeowner Anyway

In Riverview, Florida, Fox 13 reports:

  • Riverview resident Stephanie Bonefont has been a homeowner for nearly 11 years, but this week she could wind up homeless. The reason why is the tricky part. The single mother is in a twisted legal fight with her homeowners association, South Pointe of Tampa, over unpaid dues. And she says "they're making off like bandits, getting paid twice for this house. Meanwhile, I have to buy it three times."

  • Back in 2008, her home was foreclosed and the title was sold. Here's the problem: Bonefont said she never got any notices. That's because they were mailed to the wrong address. Then one day she got an unexpected knock at her door. "The guy who came to my door, it wasn't in foreclosure at this point, (the house) was in his name," she said.

  • The homeowners association had sold the title to a man named Pasto Angulo for $7,400 - the amount Bonefont owned on fees. She fought it. Because the notices were sent to a wrong address, a judged reversed the sale.

  • And she said she paid Angulo more than $7,300 to get the deed back in her name. But the homeowners association says not so fast. It says it has no evidence that she repaid Angulo. His attorney confirmed the sale to FOX 13 by providing a copy of the check.

  • But since the association never received a payment directly from Bonefont, a judge will allow the home to go up for sale Friday.

  • "They are double dipping, and unfortunately, my research didn't turn up any cases where this has happened before because I don't think its ever happened, " David Jordan, Bonefont's attorney, said.

  • The homeowners association said in a written statement its moving forward with the lawsuit. "The court twice rejected the legal theories advanced by Ms. Bonefont's counsel and confirmed her property should be sold for homeowners association assessments," a portion of it read.

  • It seems Bonefont's only choice to stop the foreclosure is to write another big check, this time to the homeowners association. "How many people has this happened to that are too afraid to fight - that can't fight?" she said.

Source: Woman says homeowners association wrong for selling home.

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