Foreclosure: my request for payoff amount denied so I delivered $30K cashier chk

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    • #4249
      NOLAwolf
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      The underlying legal issues that led up to the foreclosure are too complicated, lengthy AND irrelevant for this post.

      So I’ll skip over everything up to the point in time when I tried to pay the total amount of the outstanding condo fees, but the association’s attorney, who hates me as much as I hate him, actually refused to provide a payoff bc it was too close to the scheduled Sheriff’s Sale date. So, I got a cashiers check for the amount listed on the Notice of Seizure plus $400 just in case there was a fee or cost that hadn’t been included. I hand delivered it to the law firm’s reception desk and then took a copy of the check and the typed “notice of delivery” that I brought with me for the receptionist to sign and print her name, thus preventing the lawyer from denying that payment was received. However, he emailed a typed letter on his firm’s letterhead stating that the payment was insufficient to satisfy the lien (without saying by how much) AND that he had spoken with his client, who had refused to accept it. ***Side note: it’s my understanding that Board members have a fiduciary duty owing to the association members to always accept payment of debts owed, even partial payments, whenever possible. Obviously, it would be unreasonable to EXPECT the Sheriff’s sale to be canceled….or postponed. But, it should have at least been in the realm of possibilities. But, this attorney was determined to screw me over by having the sale go forward. I truly don’t believe that he called any Board members to see what they wanted to do. So, anyway, the next morning I delivered another cashiers check for $12K, which is MUCH MORE than what’s owed. I took a picture of the check and sent it to him so that he’d know I was clearly willing to pay well over the amount owed in order to stop the Sheriff’s sale. He responded that I would be wasting my time bc he wasn’t accepting ANY payments. I ignored him and delivered the check to his receptionist anyway. He subsequently sent another email informing me that I am not allowed in his office ever again and that I should send someone else to pick up those two cashiers checks ASAP. Which i have not done. He is still in possession of the checks. Plus, it’s not like I can afford to be frivolous by paying a courier service to pick up the checks bc most of my liquid funds were used for those checks.

      My primary question is whether or not he is legally required to provide me with a payoff amount AND/OR to accept payment of the lien even if it’s a little bit short or a little bit over. The fact that two payments were made in excess of $5k to $10K and in spite of his numerous BAD FAITH refusals to provide even an estimated payoff amount SHOULD prove that I was acting in GOOD FAITH. I realize his actions can be reported to the state bar association for an investigation and, hopefully, something more severe than a reprimand. However, I feel that there must be a legal requirement commanding that any and all reasonable steps be taken to assist the debtor in his or her attempts to stop a foreclosure….even if its ten minutes before the auction sale begins. Otherwise, the little guy trying to keep his head above water will give up any hope of being treated fairly by our financial, judicial and governmental systems. AND, instead, simply resign themselves to the arbitrary and clearly capricious nature of a “rigged system stacked against them.”

      But, if there’s a federal or state statute that specifically covers the legal obligations of the creditor (or their legal reps) owed to the debtor trying to payoff the lien and stop the foreclosure sale, then I have failed spectacularly in trying to find it. And, so THAT is why I am here posting this….to ask for help in finding out what the law requires that attorney to do when asked for a payoff.

      Thanking you in advance for any assistance provided, I am

      Sincerely,
      NOLA WOLF

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