September 2010


Am I Entitled to Proof That I’ve Satisfied a Stipulation?

Summary

I have satisfied a Stipulation in Lieu of Foreclosure. I would like a letter to that effect for my files but I’m being told the case is closed and no letter will be sent. How might I go about obtaining a letter?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I signed a Stipulation in Lieu of Foreclosure that outlined a repayment plan for the balance in arrears. All payments were made in accordance with the terms of the stipulation. I have requested a letter from the attorneys that drafted the Stipulation outlining the satisfaction of the Stipulation and was told that their file was closed and no letter would be sent. How can I request a letter for my files that states that all monies were paid in full and the loan is reinstated?’

It really should have been included in the Stipulation that you would get proof showing that you had complied with the agreement and the loan is now in good standing.

My HOA Is Going To Fine Me For Painting My House. Can They Do That?

Summary

I painted my house what I thought was an acceptable color, as my neighbor’s is similar. Now my HOA is threatening to fine. Can they do that?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I painted my house with colors that exist in the neighborhood, in fact the trim is about the same color it always was. There is another house in the neighborhood with the stucco the exact same color as mine. Now I received a letter from the HOA that I will be fined because I painted without approval and not with approved colors. Can they do that? The other house was not fined. Also, if I don’t pay what can happen? I have stage 4 breast cancer and can’t afford to repaint or pay fines. Thank you so much for your time!’

Homeowner Associations can have pretty broad authority when it comes to things like paint colors. If your HOA has a list of approved colors (usually specified by brand/color code) or a requirement for approval
prior to painting which you did not follow, you are probably out of luck, and subject to a fine (within reason).

Assuming your neighbor also used a non-approved color and/or painted without pre-approval, pointing this fact out could get your neighbor fined, as well. This won’t help you much.

The same rules that stop you from painting your house half a shade too dark also prevent your neighbor from painting his house pink with yellow polka dots; you take the good with the bad when you buy into an HOA. Unless your HOA is acting way out of reason (such as fining you more than the property is worth for painting), a court is not likely to be sympathetic when they point out that you didn’t follow the terms of
the contract you signed on to when you bought the property.