I bought a condo in March of 2007, at that time the condo was in the rental pool till Oct and managed by the condo Corporation management company. My lawyer and myself contact them during the purchase and after the ownership changed in March. They get back to me in Dec of 2007 regarding the rental and in the same month I set up a pre-authorized payment with them regarding condo fees.
Last month my mortgage company contact me about the condo management company hired a legal firm to collect unpaid condo fee and legal fees from my mortgage total is around $ 1858, (the condo fee is $ 1328+ legal fee $ 530) which they claim I didn't pay for the condo fee from April 2007 to Feb 2008. and then I showed them a approve which the company already deduct condo fee from the rental from April to Oct, turns out there is $ 398 unpaid condo fee only, I claim that I already set up the pre-authorized payment, they should take the proper condo fee through the ETF, and I did pay the condo fee on time and fully so there is no intend for me not paying that 3 months fee if I know.
Now the legal Firm insist that I need to pay for the $ 530 legal fee and they asked the my Mortgage company to cut the check directly to them. so what should I do, I know I should pay for the condo fee but I don't think I should pay for the legal fee, it is not my fault for not paying the condo fee, the management company messed up. Does the legal Firm or collections agent has the right to ask Mortgage company pay them directly? who can help me with this matter?
Should I cut the cheque with condo fees directly to the condo management company and then inform the legal firm and the mortgage company? or the Mortgage company has to pay since they already secure that amount money?
What will happen if I don't pay for the legal fee? will this affect I to sell the townhouse?
Answer by Johnny Wadd
you allready have a lawyer, ask them.
Answer by Tigg
If you do not pay the legal fees they will put a lien on the unit and make it impossible for you to sell it
Answer by Simpson G
Typically if you are not at fault, you are not liable for any of the other party's legal fees. If you do not feel that the error is yours, then go to civil court and ask a judge to decide.
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