I CAN’T SELL MY HOME and WE ARE FACING FORECLOSURE

I CAN’T SELL MY HOME and WE ARE FACING FORECLOSURE

I am the oldest daughter and personal representative of my deceased Mother who was a resident of Fairfield Village at Quincy Reservoir community until March 31st, 2023.

My family is enduring major hardships and setbacks brought upon by an ongoing unresolved roof claim for Fairfield Village. We had a contract to sell our home back in July and couldn't close when the lender backed out at the last minute due to the change in the HOA roof insurance policy when the coverage changed from replacement to actual cash value.

Fortunately, another opportunity came to sell our property and we have a sales contract in play even though we will sustain heavy equity losses this time around. I must sell this property for my family or run the risk of going into foreclosure.

At this point, we are not able to secure a closing date due to the unresolved insurance claim on the roof. We are unable to start a claim for the special assessment with our insurance company since we have not received an official “Loss Assessment Letter” from the HOA for our home at Fairfield Village. We must file the claim with our insurance company before we vacate and sell the property. Our buyers will not close without this commitment. In short, No letter … No closing. We had to delay the closing by three months and rescheduled 3 times due to this problem and if this is not promptly resolved, it appears this contract will also be terminated.

The loss happened in May of this year. In June there were a considerable number of people from the insurance company, contractor(s), etc. going thru the neighborhood. They were walking the properties and measuring the roofs, taking notes and communicating with one another, etc. There was a lot of movement but then it all stopped and the project seems in limbo.

In doing our own research, we were told that there are several reasons for the delay: (a) there is a dispute between the HOA’s insurance company and the roofing contractor principally regarding the size and scope of the work to be performed. (b) the adjuster hired by the HOA’s insurance company has failed to submit the assessment for the loss report for the complex. As a result, a Loss Assessment letter has not been issued by the HOA.

In our minds, this collective failure is due to poor communication, poor performance and utter lack of empathy for a homeowners situation. Barring any unpaid HOA fees, etc., no HOA should have the power to PREVENT YOU FROM SELLING YOUR HOME. The storm happened May 10^th and today is October 24^th, 2023 and we’ve been informed that they have NO idea when the claim will be settled.

We’ve reached out several times and get no where…. WE FEEL THEY SIMPLY DON’T CARE. When I asked the HOA and Management Company to please calculate our unit’s loss and issue a Loss Assessment letter since each unit has to be calculated individually anyway, I was told I was asking them to commit insurance fraud. Such arrogance.

This inaction and delay should not be allowed and legislation should be created to inhibit an HOA / Management Company from preventing an owner from selling their own home due to these circumstances.

Concerned Homeowner