Consumer complaint received 2022-07-11
Company: Kovitz Shifrin Nesbit, A Professional Corporation
State: IN
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
I moved into what I have always referred to as " my forever home '' in XXXX of XXXX. You see, my dad was killed in an automobile accident in XXXX and I used my portion of the settlement money my family received along with funds from the first time homebuyer program that was offered at that time to put money down on the house and purchase all of the appliances needed and some furnishings as well. I was very excited and proud of myself for making the best financial decision I could have by securing my home here where I grew up and went to college and where my family still lives today. 

I have to tell you all about that story in hopes that you will understand how much I have invested in this forever home of mine and how much it still means to me nearly 20 years later. 

So, I say all of that to say this ... My complaint is with the property management company that is responsible for the administrative dealings of my Home Owners ' Association and by extension the attorneys they employ to be responsible for collecting unpaid or delinquent HOA fees for the association. 

In the paperwork I now have is an accounting of my member statement and it shows that I was relatively good about paying my dues on time or if not then I made payments on my account throughout the years. I also need to mention that I was declared XXXX due to XXXX XXXX in XXXX at which time I began receiving Social Security XXXX XXXX XXXX. I made payments fairly well until about XXXX. I went through a very rough, very emotional time in my life that year. I see where I only made two payments that year. It was never my intention to not pay my dues ; I always wanted to. I believe that I was taken to court starting in XXXX. Unfortunately, I was still struggling and my only income was my XXXX benefits at the time. My fiance had left me by then and I had fallen on hard times. I do see where I paid the assessment fees for XXXX right away and made a couple of additional payments, too. However, I was still being charged late fees. In XXXX, I made pretty regular payments again. It shows that in XXXX I made a couple of payments during the beginning of the Covid-19 pandemic. I remember, however, that I had been continually taken back to court over and over again when the circumstances were still the same. I would always agree to make payments voluntarily when I could. I think that my XXXX benefits are protected and can't be garnished. A different attorney would be there each time and I would explain and agree again. I don't think it was right for them to keep dragging me to court -- I had been diagnosed with XXXX XXXX by this time as well. 

I clearly remember the hearing in XXXX of XXXX though because at that time I agreed to settle all of my debt to the association for {$800.00}. I thought that that was somewhat fair and I felt relieved and proud once again that I was able to settle up and start anew with XXXX 's assessment fees. And you can see on the accounting that I did pay all of them up front that year. Little did I know that they were bringing another case up against me. When I made that payment in XXXX of XXXX, that was supposed to have been the end of the court fiascos. I was so distraught when I realized what was happening with my account. 

Then earlier this year something happened and Indiana brought about another mortgage assistance program and this time around there would also be funding available specifically for past due HOA fees as well. I was once again relieved by this news. When I was applying for the assistance, I had to fill out how much I owed in past due fees. At that time, I contacted XXXX XXXX for the exact amount due and I told her about the assistance that I was applying for at that time. 

Last week I was served with a summons containing a complaint to foreclose on an assessment lien against my property that I wasn't ever even aware of. It was apparently placed last XXXX. Now the XXXX XXXX XXXX that I was assigned to by the program told me that they had had problems locating anyone to receive the check that was cut on my behalf. I was told that it was sent out on XX/XX/XXXX with an accompanying email message as well to announce its coming arrival. 

Even so, I am now here today holding imminent threats of foreclosures and XXXX 's sales of " my forever home. '' Furthermore, I suspect that I am also being dXXXX against because of my XXXX and past issues all seemingly relating now to cause no. XXXX in XXXX XXXX XXXX, of XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation