Foreclosed over $250: A local family's nightmare

Article and Video Courtesy of Ch.47 ActionNewsJax

By Paige Kelton

Published May 23, 2012

JACKSONVILLE, Fla. -- The Rodriquez family is about to lose their American Dream, over $250 dollars.

"I was re-financing my home and I was at closing and they said there's a lien that showed up for three thousand dollars in legal fees and I said no, where did you get that?"

Noemi and her husband Juan were thrown into a world of legal bills, unreturned phone calls and sleepless nights.

Their homeowners association says the couple missed their annual payment, and the late fines and legal fees began adding up, to the tune of more than 3,000 dollars.

Noemi insists she's tried numerous times to reach her HOA and the management company, but that no one will return her calls. "I don't understand why they haven't contacted me back, why they refuse to answer. Why they can't take my calls, it's something so simple that has blown out of proportion, she says.

We reached out to the attorney representing the homeowners association, and he told Action News he couldn't comment because of confidentiality issues.

Jacksonville attorney Braxton Gillem says when you choose to buy into a deed restricted community, you're agreeing to live with those restrictions. Gillem, says, "That obligation runs with the land just like your obligation to pay your mortgage and if you don't pay, your association can foreclose."

And that's what's happening to the Rodriquez's. They've hired an attorney and are fighting for their chance to be heard. "I'm going to lose my home over this, I'm going to lose my home over $242 dollars."

A judge recently ordered both sides into mediation. Noemi hopes they can finally come to terms and figure out what, if anything, they owe.

Lawyers say if you receive a notice from your HOA about an unpaid fine or assessment, don't ignore it. Contact the board, or management company immediately.