Downloads

Doesn’t it all make sense? If HOA payments are so important to the HOA why would they be refused at any time? Just how many people have lost their homes over this practice? CAI did not support Feldsott & Lee, or file a brief in appellate court. See Attorney Steven Roseman’s important CAI post: Accepting partial payments. Note – This site is filled with information. Note that it does not offer legal advice.

 

VICTORY! – The Fourth District Third Division agreed with the Appellate Division of the Superior Court! See decision below. This will save a lot of homes. If your HOA or management company is refusing payments waive the law in front of them. SEE BELOW. Even if they file a foreclosure action you can now save your home.

 

There are 31 files, weighing 20.5 MiB with 15,816 hits in total.

Displaying 21 to 31 of 31 files.

  Gena Hanson federal complaint
» 213.0 KiB - 386 hits - February 28, 2014
Everyone has had enough of these debt collectors like Feldsott and Lee. Here is a Class Action complaint against Pro Solutions. I would expect a class action against Feldsott and Lee next. This is good read. It shows you the pathetic predatory tactics that these firms use to collect fees far above what is owed by the home owner.

  Gena Hanson federal complaint (amended)
» 1.4 MiB - 545 hits - March 19, 2014
Here is the FAC in the Gena Hanson case. All the issues in this case are similar to the issues I face[d] in the Feldsott and Lee case. Effectively all these debt collectors who use this business model are now under the microscope. This case also alleges the "partial payment" law and not applying payments to assessments first. Feldsott was doing accounting tricks... which their own employee could not explain in court. Rather than just paying down the assessments with the payments made, they would pay down the assessments but add the same amount as collection costs - and write themselves a check! How convenient! This is why I could never make sense of the accounting.

  HOA compelled to accept partial payments
» 72.4 KiB - 455 hits - February 21, 2014
This document clarifies the law and the 17 year battle to to force HOAs to accept partial payments. This is big news for HOA owners! Download this document on partial payments so you know the history of this law.

  Huntington Continental articles of incorporation
» 76.5 KiB - 417 hits - March 21, 2014
Huntington Continental articles of incorporation.

  Huntington Continental bylaws
» 404.4 KiB - 391 hits - March 21, 2014
This is the Huntington Continental bylaws

  Huntington Continental CCRs
» 996.5 KiB - 322 hits - February 8, 2014
Here is the declaration that controls the rules for the Huntington Continental association.

  Huntington Continental CCRs - clean copy
» 573.0 KiB - 327 hits - March 21, 2014
The CC&Rs or "declaration" for the Huntington Continental Town Homes.

  Open Letter to HOA owners regarding partial payments
» 21.3 KiB - 301 hits - February 12, 2014
Open letter sent to owners regarding legal rights and partial payments. (small batch had spelling error; now corrected). Download and read the letter about HOA challenging your rights in court. Please sign petition.

  Original payment letter to Huntington Continental (NOT A PAYMENT PLAN)
» 59.0 KiB - 277 hits - March 16, 2014
No attorney crafted "payment plan" here. This "letter" was sent ot HOA (not the attorney) telling them I would make payments. I first contacted Feldsott by email after I received a threat letter from them. I had a few emails with Tyler Jones who turned out to be the attorney's assistant. I told him I was going to pay the dues owed to the HOA. He asked me via email how much I was able to pay. I told him $2,000, simply answering his question. I asked for accounting. Unfortunately Mr. Jones did not tell the truth in trial. He stated he sent me itemized accounting in the mail several times (nope). Funny that itemized accounting was magically inserted in their exhibit letters and Tyler swore to a lie. In reality I had to sue the association in small claims to get my line item accounting. The accounting changes monthly. That is when I got my itemized accounting showing me their bad accounting practices. Mr. Jones then served me the actual foreclosure lawsuit in person at the small claims hearing just after Lisa Salinas handed me the documents I had requested including my accounting. Jones was kind of like the "henchman" for the attorney firm... the bottom line is that it took a small claims lawsuit to get my documents and they served me MONTHS after I attempted to pay the account in full. While I got no money at the small claims trial I did get all the documents I wanted which made it worth it. Jones served me with the foreclosure compliant A FULL THREE MONTHS after I sent the certified check to pay the assessments in full!!! This was simple letter I had sent after I received the letter from the attorney. Had no idea they had sued me. Had not been notified or served when I sent this letter (they had some mythical service at the condo - funny that it was a rental condo). Amazing that the ENTIRE time this lawsuit was in the court system and there was no response, the attorney Ms. Pagano, NEVER CALLED or contacted me one single time by phone or mail in EIGHT MONTHS - all the while I was writing letters to the HOA every few weeks asking for accounting offering to pay my due in full. When I received a notice of default 8 months later, and I called her to ask her what it was all about, she freaked out [process server had filed a fraudulent POS]. She then sued me again the next day as an individual. Interesting that she could find my address when she sent the default, but not when she falsely served me at a condo I had not been to in years. [???] The letter is OBVIOUSLY not a payment plan as Feldsott continues to call it and this is just an indication of how they do business and why this is so unfair for most homeowners.

  Overview of partial payment ruling and summary
» 171.3 KiB - 671 hits - February 24, 2014
Download the summary and overview of the ruling by the Center for California Homeowner Association Law (they also fight for your rights). This gives you the facts and a petition to sign and send in.

  Superior Court Appellate Decision
» 74.3 KiB - 266 hits - February 8, 2014
This is the Orange County Superior Court Appellate decision rendered by the 3 Judge panel in favor of JM Trust.

   

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