Debt Collectors Profit Off Homeowners' Fears of Foreclosure

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This story was produced as a companion to the feature report, Hard-Pressed Homeowners Facing Another Threat.

Marjorie Murray, with the Oakland-based Center for California Homeowner Law, says homeowners often describe their ordeal in settling their debt with collection agencies as a “nightmare,” in which collection fees are heaped on top of their existing debt as their case drags on, while the threat of foreclosure is held over their heads.

“Their home is being held hostage and the debt collector knows it,” Murray said.

On average, she says, the handful of collection agencies that specialize in association foreclosures make as much as “$3,500 on every account” they take on.

Last year, San Lorenzo, California resident Arnetta Lawler paid $3,000 to a debt collector to settle a case that had dragged on for 18 months. About half of the amount she paid went to cover collection costs.

“It was definitely hard to come up with the money,” said 44-year-old Lawler. “I had to rob Peter to pay Paul, just to stop the excessive fees that were added on. The more I fought, the more they added costs… Everything was a cost.”

The single mother of three children said she lost her job in sales and got behind on seven months worth of assessments to her homeowners association. Her neighborhood group sent her case to a collection agency, which sent notices to the wrong address, she said. By the time they fixed the error, her homeowners association had put a lien on her four-bedroom apartment.

Two years ago, Heidi Varilla’s financial troubles were mounting. She fell behind on mortgage payments for her four-bedroom home in Hayward, California. She couldn’t make the payments to her homeowners association either. Ms. Varilla worked out a deal with her bank to modify the terms of her home loan, but working with her homeowners association proved more difficult.

The association sent her delinquent account to a collection agency, and the initial amount she owed in overdue assessments - about $1,900 -- ballooned to nearly $4,700 in debt and fees. To save her house, Ms. Varilla says she had to go deeper into debt to pay the collection agency.

“We had to dig into the last of whatever money we had,” she said. “They [debt collectors] are penalizing the people who are already in hardship at this time and taking advantage of people who are having problems already.”
 

Comments

 

Anonymous

Posted Apr 15 2011

Collection fees, if they are added, would pale in comparison to any attorney or bank fees. But then you won't ever hear an attorney talking about it. Stop blaming debt collectors for the debt!!!

Anonymous

Posted Apr 16 2011

Not everyone should own their own home.
Pay association dues monthly by automatic bank draft.
Live "low on the hog".
Conserve. Take a long term view of your finances.
Save 10% of every paycheck. Work your way up to the 10% by starting with 5% or 3%.

Anonymous

Posted Apr 18 2011

HOAs are being used as "fronts" for extortion rackets - the lawyers involved with the HOA managment have worked with the big developers for decades to lobby the legislatures and created the current "legal system" via lobbiests and their corrupt influences. 1400% markup on the original "debt owed" is seen in Bexar County, Texas - one lawyer alone has collected over $4,000,000 in excess of the original "HOA dues owed". The only hope is to break out some HOT tar and Feathers, these HOA collections people have no conscience.

Anonymous

Posted Apr 19 2011

MAFIA = organized crime = HOAs

Anonymous

Posted Apr 20 2011

When she went into loan modification with the bank she stopped paying her association dues Why is that? One has nothing to do with the other and I am quite sure that the HOA dues were very affordable. Did she stop paying her electricity, car payments and credit card bills as well. Why do her neighbors have to pay for her HOA fees because she can't afford the mortgage? She had no reason to stop paying her maintenance fees and then blame the association for trying to collect. I'm sure the HOA gave her plenty of notice before they brought in a collection agency.

Anonymous

Posted Dec 29 2011

When they moved into their home they signed a contract that showed what their dues would be. They also received Homeowner Documents that showed how collections worked. If you stop paying your dues you should be sued. If you cannot pay for your home, please just move out to a less expensive place. Why should your neighbors pay for your dues? Stop blaming others for the problem you created. The honorable thing to do is move or pay your payments. Simple as that. No More Free Rides!

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