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Subject: Immediate Cease and Desist: Unlawful Use of Nonjudicial Foreclosure for Fines

Dear RLJ Management and Board of Directors,

This is formal notice that your ongoing attempt to pursue nonjudicial foreclosure against my property is improper and unlawful if it includes fines, penalties, late charges, or interest stemming from anything other than delinquent assessments as defined by the Davis-Stirling Act.

Under California Civil Code § 5725(b):

"Monetary penalties (fines) cannot be included in nonjudicial foreclosure actions, even if the association's governing documents state otherwise. Only delinquent regular or special assessments may be pursued via trustee sale."

Additionally, late fees and interest may not be levied on unpaid fines, per established case law and statutory interpretation of the Davis-Stirling Common Interest Development Act.

Any lien that includes unauthorized charges, or any foreclosure attempt based on such a lien, constitutes fraudulent collection activity and exposes your organization to serious legal liability.

If you continue with this abusive and deceptive practice, I will pursue all available legal remedies, including but not limited to:

  • Filing a civil complaint for wrongful foreclosure;

  • Submitting formal complaints to the California Department of Real Estate and State Bar (if an attorney is involved in facilitating this process);

  • Seeking punitive damages for intentional misconduct and bad-faith enforcement actions.

You are hereby instructed to immediately halt any nonjudicial foreclosure process that includes fines, penalties, or related charges not legally enforceable via trustee sale.

This correspondence is being preserved as part of an escalating legal record and may be submitted as evidence of your willful misconduct.

Governing documents do not supersede state law.

Govern yourselves accordingly.

Sincerely,




Please share! I can't stop these people without your help

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