Demand for Trustee Sale Pause
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To: Hrdlicka & Associates, Inc.
RE: Trustee Sale Scheduled
Dear Trustee,
I am writing to formally object to the pending Trustee Sale scheduled on or about for my property located at 5965 E. Shields Ave, Unit 111, initiated by Robert L. Jensen & Associates.
This notice of objection is based on multiple material violations of California Civil Code §5705 and §5710, which strictly govern the non-judicial foreclosure process by common interest developments.
Key Violations Include:
1. Inflated Balance Including Non-Dues Items:
The amount being used to justify foreclosure grossly exceeds the maximum legal threshold for HOA non-judicial foreclosure. California law caps this remedy to cases where:
The delinquent assessments (not including late fees, violation fines, interest, or collection costs) exceed $1,800, or the delinquency has lasted more than 12 months.
My calculations (based on $300/month Association Dues over 17 months) yield a dues-only total of $5,100. The remaining charges are unauthorized.
2. Falsified Payment Records:
The spreadsheet used to initiate this foreclosure contains false data:
It claims a payment was made by me on 06 Dec. 2023. I did not make this payment.
The 06 Jan. 2023 payment omits the name of the payer, which was my father.
Requests for supporting documentation, including receipts and the Association’s ledger, have been ignored.
3. Lack of Due Process:
No pre-foreclosure late notices, itemized statements, or proper mail service of any “Notice of Delinquent Assessment” were ever issued to me. This is a clear procedural failure.
4. Selective Enforcement / Retaliatory Action:
My father, who has paid dues regularly on my behalf, is being fined thousands of dollars for trivial infractions, such as riding a bicycle on the premises. These appear to be retaliatory in nature and are not relevant to a legal debt obligation under the Davis-Stirling Act.
Given the above, I demand that your office:
Failure to comply with this request and proceed with the sale may subject your office to civil liability under California law for wrongful foreclosure, including claims for quiet title, damages, and injunctive relief.
This letter serves as formal notice of my intent to pursue all legal remedies available.
Sincerely,
Dear Trustee,
I am writing to formally object to the pending Trustee Sale scheduled on or about for my property located at 5965 E. Shields Ave, Unit 111, initiated by Robert L. Jensen & Associates.
This notice of objection is based on multiple material violations of California Civil Code §5705 and §5710, which strictly govern the non-judicial foreclosure process by common interest developments.
Key Violations Include:
1. Inflated Balance Including Non-Dues Items:
The amount being used to justify foreclosure grossly exceeds the maximum legal threshold for HOA non-judicial foreclosure. California law caps this remedy to cases where:
The delinquent assessments (not including late fees, violation fines, interest, or collection costs) exceed $1,800, or the delinquency has lasted more than 12 months.
My calculations (based on $300/month Association Dues over 17 months) yield a dues-only total of $5,100. The remaining charges are unauthorized.
2. Falsified Payment Records:
The spreadsheet used to initiate this foreclosure contains false data:
It claims a payment was made by me on 06 Dec. 2023. I did not make this payment.
The 06 Jan. 2023 payment omits the name of the payer, which was my father.
Requests for supporting documentation, including receipts and the Association’s ledger, have been ignored.
3. Lack of Due Process:
No pre-foreclosure late notices, itemized statements, or proper mail service of any “Notice of Delinquent Assessment” were ever issued to me. This is a clear procedural failure.
4. Selective Enforcement / Retaliatory Action:
My father, who has paid dues regularly on my behalf, is being fined thousands of dollars for trivial infractions, such as riding a bicycle on the premises. These appear to be retaliatory in nature and are not relevant to a legal debt obligation under the Davis-Stirling Act.
Given the above, I demand that your office:
- Immediately pause the Trustee Sale, pending a full investigation and legal review of the Association’s handling of this matter.
- Provide copies of all documents used to substantiate the foreclosure, including:
- Payment ledger
- Signed Bank Signature Card
- Dues-only accounting
- Notice of Delinquent Assessment (with proof of service)
Failure to comply with this request and proceed with the sale may subject your office to civil liability under California law for wrongful foreclosure, including claims for quiet title, damages, and injunctive relief.
This letter serves as formal notice of my intent to pursue all legal remedies available.
Sincerely,
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