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Review 6/1/2010
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In response to ALS’s response, ALS, and The MVSRC HOA have both violated the law by refusing to cash my checks for dues, late fees, AND interest per CID 1365.1, and 1367.1 and provide a receipt. This matter of initially $231.36 has ballooned to almost $3000, because ALS refused to accept my payment last year. Both ALS and MVSRC have violated state laws, and ignored my requests for payment receipts as required by LAW, Board minutes, IDR, and ADR procedures, and numerous requests to engage in IDR in an effort to resolve this matter. I never disputed paying my dues-in fact I question why my account was sent to collections in the first place. Regardless, the facts remain the same. I mailed my payment to my HOA in the amount of $231.36 last year! I never received a receipt as required by California Statute 1365.1. The HOA had a fiduciary duty to cash my check and bring my account current. Instead, they forwarded my check on to ALS, who by California Statute should have cashed the check and applied my payment to my dues. Instead, they violated California Code 1365.1, 1367.1 and did not bring my account current. When I disputed the fees they had bootstrapped onto my account, they told me I had to pay the whole amount, again violating state law, which requires that all payments be first applied to outstanding dues, and late fees. When I asked to speak to the Board they deceptively told me I could not address the Board. I asked for a payment plan with my HOA-ALS again deceptively told me they had to request that on my behalf. ALS then tried to mislead me and deceive me into signing a payment plan with ALS, not my HOA, and attempted to deceive me into waiving my statutory rights to having my payment applied to my HOA debt first, prior to any other collection costs. THIS IS AGAINST THE LAW. When I refused to sign ALS’s payment plan they then filed a premature and illegal lien against my home a violation of Code 1367.4. I was threatened and told they would TAKE my home. ALS claims that the Board authorized the filing of a lien, however, they have no record of this in their OPEN Board minutes, as required by law 1367.1 ,1365.1. Regardless,California law states that a lien cannot be placed for an amount of assessment owed on less than$1800, not including collection fees , or other costs. There are no open Board minutes showing the Board agreed to this, nor did I ever owe $1800 at the time the lien was placed. This violates state law. THE LIEN NEEDS TO BE REMOVED!
ALS claims they are not a law firm! Their own website www.lawfor hoas.com clearly states the following: “ALS Association Lien Services_Assessment Lien Foreclosure Specialists-the website is a law group site and clearly states they are Community Association Attorneys…..
In their own words they call them selves Lien Foreclosure Specialists which is clearly what they aim to do….attempt to mislead and deceive HOA homeowners in their ultimate goal of foreclosing on homes. Their use of their own law firm to violate laws, and manipulate the system is a disgrace to the legal system. Foreclosure is a remedy of LAST RESORT, instead they use it as their first and only remedy. I demand that ALS remove the illegally placed LIEN on my home, and NOD-Election To Sell against my home. These are VIOLATIONS OF STATE LAW. I demand that they apply my cashiers check mailed a second time and received on April 28, 2010 and mail me a receipt as required by LAW.
ANYONE thinking of hiring ALS should beware of their deceit, harassment, illegal practices and violations of state law.
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