Threatened Foreclosure By Condo Lawyer

October 30th, 2007

The owner of a condo in Monmouth County in New Jersey has a lot to complain about. He has not had the dryer vent cleaning done and asking for an extension repeatedly. When he asked for an extension again he informed the management of the company that he would stop using dryer. This was because he did not want to put either his own family members or the other 8 families in the building housing at risk.

But from the other end there was no positive response. The owner sent a letter by certified mail requesting advise of ADR. But again there was no responsive answer on that particular point but letters came intimating fines, late fees and collection fees of the management company. The big question is – what can be done to put a check to these odd fees and halt the foreclosure process?

The developer of the condo has a commercial property on this residential street long before the condo came up. Recently the owner of the condo got a letter from a new legal firm on behalf of the association – Smith Bros Foreclosure Services. A reply was sent through certified mail with copies of previous correspondence attached. The answer took no note of this including the mention of ADR but only asserted firmly that the association has the authority to impose fines. Added was a warning of foreclosure.

The owner now began to browse the net and found the aforesaid company listed as Smith Bros Bankruptcy Services. This company was then traced in the records of a local government meeting in which it was stated that they wanted to rent or purchase the aforesaid commercial building. Foreclosure is one thing the owner did not want. With finances and circumstances beginning to look up he decided to get the dryer vent cleaning done at his earliest.

It is coming to his notice that other owners are raising this and other issues also. Except for a brief period when he was the secretary he admits that he has not had the time to attend many meetings. He has read minutes of only the annual meetings. The meeting venue tends to shift and the ADR issue is ignored and evaded. Complaints about water leakage were always side stepped. For many years mildew is beginning to mold on the outer walls. Various firms with questionable bonafides do the repairs.

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