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Ginn fights lawsuit, other woes

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Duped Investor 2

Los Angeles, CA

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#731
Jul 6, 2010
 
Duped Investor wrote:
Does anyone have any suggestions regarding dealing with the HOA dues in arrears for The Club at Hammock Beach? The lot we have at The Conservatory is going through the foreclosure process now. We received a letter from Vance, Lotane, & Brookhardt, Attorneys at Law for $22,611, which includes past due HOA dues, interest and attorney fees. I called them to discuss working out some form of settlement. They said we have two options: Pay the full amount within 90 days or "make them a very good offer" and pay that within 30 days. While we might be able to come up with a little cash say,$5,000, that's about it. We are worried that the fees will continue to accrue along with interest and attorney fees until the lot forecloses, which could take several more months. Do you know if there is any litigation against the HOA? Have they/are they actually providing any services since the Conservatory appears to be essentially a ghost town? In addition, with all of the allegations in the class action law suit, I would think their would be some grounds for fighting the HOA fees too considering we were all sold a "a bill of goods" perpetuated by fraud among other things. Any guidance and/or suggestions would be very much appreciated.
Would appreciate any feedback / guidance you received - I have a situation just like yours
Fed Up Ex

Kissimmee, FL

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#732
Jul 11, 2010
 
As I understand it, foreclosure wipes stuff out, like other liens. If the first mortgage holder forecloses and just for fun let's say the property is upside down, then the first mortgage holder doesn't get all his money from a sale. A second mortgage holder is wiped out because not even the first lein can be paid. Down the road is the HOA's lein behind the first and the second. The HOA gets nothing because there's nothing there. I wouldn't offer anything to the HOA. Ginn runs the HOAs and Ginn affiliates get all the money to provide the services if it provides services at all. If you're behind on property tax, that takes precedent even over the first mortgage. Government always gets paid first.
MAN

Royal Oak, MI

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#733
Aug 24, 2010
 
HTO wrote:
<quoted text>
We are in the same situation. Paid $259,000 for a golf course lot and are now being told it is worthless and will never get back close to that level. Financed through Ginn Financial and of course appraised at the purchase price. Not to mention ongoing HOA fees and quarterly assessments. Looking for a solution that will not ruin our credit.
Get a hold of me I am trying to get together a class action against the club and HOA.moto_mark@msn.com
MAN

Royal Oak, MI

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#734
Aug 24, 2010
 
Duped Investor 2 wrote:
<quoted text>
Would appreciate any feedback / guidance you received - I have a situation just like yours
They want you to go in to foreclosure because the bank gets the property and the bank has to pay the HOA.Then they turn over the amount you owe to a collection agency.I am trying to fight the same thing in Cobblestone.
Hilton

AOL

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#735
Sep 4, 2010
 
The HOA gets paid a certain amount per Florida statute and is wiped out by the mortgage (and first the unpaid taxes). The problem is where there is no mortgage (ie, paid cash) AND there is personal liability. So the HOA can commence a simple collection action instead of, or in addition to, the foreclosure. There are typically not many defenses to an HOA foreclosure (not as many as we have against the mortgage company, for example), but this is a different situation than most due to the Ginn fraud, intercompany relationships, etc.
Jan

Clermont, FL

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#736
Jan 17, 2011
 
We just got a 1099c from the bank that did deed in leiu. Did anyone else get one and how is it handled?
OSU

Germantown, OH

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#737
Jul 25, 2011
 
MAN wrote:
<quoted text>They want you to go in to foreclosure because the bank gets the property and the bank has to pay the HOA.Then they turn over the amount you owe to a collection agency.I am trying to fight the same thing in Cobblestone.
I hope people are still watching this forum, as I need some advice. Our property was foreclosed on about 2 years ago, but today we received a letter from an Attorneys office trying to collect for HOA fees from back then. Looks like Ginn-LA has a successor entity called LRA UC Golf, LLC and they are trying to collect past dues and fees from us. Anyone else have this happen? I would appreciate advice. Thanks
Da Bears

Chicago, IL

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#738
Aug 19, 2011
 
OSU wrote:
<quoted text>
I hope people are still watching this forum, as I need some advice. Our property was foreclosed on about 2 years ago, but today we received a letter from an Attorneys office trying to collect for HOA fees from back then. Looks like Ginn-LA has a successor entity called LRA UC Golf, LLC and they are trying to collect past dues and fees from us. Anyone else have this happen? I would appreciate advice. Thanks
I am in the same boat as you - LRA UC Golf, LLC & Cobblestone Park. What was your experience and what did you end up doing?
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OSU

Germantown, OH

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#739
Aug 20, 2011
 
Da Bears wrote:
<quoted text>
I am in the same boat as you - LRA UC Golf, LLC & Cobblestone Park. What was your experience and what did you end up doing?
We were served about 30 days ago and I have been in contact with a lawyer in the Columbia SC area who is helping me. Not sure if they are willing to take less than the amount or not. They are suing us for 6K for about 6 months of unpaid club and HOA fees. What is your situation? I am thinking the HOA is trying to get any money it can and we are probably the first few of many they are serving.
MAN

Royal Oak, MI

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#740
Aug 20, 2011
 
They will not take less.I Had a buyer for my lot for $4000 which I am sure you know would be a big loss for me.But he wanted all the fees up to date ($16,000). I just wanted to stop the bleeding of the fees.I told them I would net zero from the sale and apply all the profit from the sale as I didn't owe anything on the lot,to my fees and they would get someone in who would pay the fees.They told me by law that they cannot take less.I let my lot go to the state for back taxes to stop the fees from building up.If they contact me for the back fees I will pay them after Ginn finishes everything that was promised at the launch.
OSU

Germantown, OH

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#741
Aug 20, 2011
 
How long ago did your property "go to the state"? My lot was foreclosed on Jan 09, and they just served me with a suit for back fee's.
MAN

Royal Oak, MI

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#742
Sep 3, 2011
 
Last year. I have until Oct. to pay the back taxes to get the property back.Like that is going to happen.Just waiting for the papers to show up for back fee's.
MAN

Royal Oak, MI

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#743
Oct 3, 2011
 
Got my letter today from the attorney for back club fees $16,500 and counting.
Some bottom feeding law firm that handles Homeowners claims.Told them the State took the property for back taxes and when the crook Ginn makes good on his promises so will I.
Melanie

Columbia, SC

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#744
Feb 10, 2012
 
Is this still going on, Cobblestone is trying to sue us for golf fees. We bought (unfortunately) from an individual, was never told about membership dues and We never signed a contract. If anyone has any good info please help!
Bobby wrote:
Hello all. I'm an owner in Cobblestone Park, SC and have a few questions. Hope somone has some valid answers. I bought in CP because of the hype Ginn made it out to be. I truely don't believe that the failure of CP, among other Ginn resorts, is just because of a bad economy. I feel bad for the people who bought on the supposed extra 9 holes of golf. Nothing they stated at the launch ever came to fruition. My big question is about the golf. What can Ginn and or Linger do to me if the golf dues don't get paid. Why should I keep paying if Ginn never built the clubhouse and the other nine holes as we were told before signing that contract? The mortgage and taxes are one thing, but this golf dues thing just puts it over the top. Can this be reported to the credit agencies? Is there anyway out of this mandatory golf thing? And how many lot owners are actually paying this memebership fee?

Level 5

Since: Dec 11

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#746
Feb 18, 2012
 
another thread bump.
Chris

Lake Mary, FL

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#747
Mar 6, 2012
 
Does anyone have any suggestions for lawsuit filed by Cobblestone for past due fees? We paid $135k and are trying desperately to sell of $29k just to get fees covered and get rid of it. If anyone has any suggestions, or has a good attorney that can fight this, please pass on to me.
Email: chrisv32771@gmail.com
Thank you!!!!
Melanie wrote:
Is this still going on, Cobblestone is trying to sue us for golf fees. We bought
(unfortunately) from an individual, was never told about membership dues and We never signed a contract. If anyone has any good info please help!
<quoted text>
MAN

Royal Oak, MI

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#748
Mar 6, 2012
 
If you can get 29K you had better take it.The best offer I had was for 4k for a 135K lot but they wanted me to pay off the 17K in back fees.I let it go back to the state for back taxes just to stop the fees from mounting up.They are still trying to get me to pay the back fees but I told them to shove it.

Level 8

Since: Sep 11

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#749
Mar 14, 2012
 
bonus thread bump

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