Pleasentview Counter Claim Documentation
The above file is the Plaintiffs motion to foreclose on our home because they claim we WHOLLY denied paying or failed to pay assessments. This motion is being filed by an illegal HOA on a 2012 bankruptcy in which they illegal HOA failed in all aspects to follow the covenants, bylaws and IND codes.
My point to his is this:
If you think your ILLEGAL HOA has only good intentions then think again. They are out for blood and are willing to lie, cheat, and steal to get to their goals. You need to be anticipating all of this all of the time and being ready with the facts of the case every time they make a claim. Watch for over stated claims such as, " have wholly refused or failed to make payments..."
These are clear indicators that they are reaching for sympathy from the court and can only make desperate attempts to try to get the judge to take action. Watch for them to completely ignore parts of an IND code or bylaw when trying to make their point. They will intentionally either leave out or ignore key parts of a code or bylaw and only insert the parts that support their claims. For example, they reference an IND Code 32-28-14-5 and only add a small amount of the language and completely ignoring the rest of the code that completely nullifies their claims. It will be your responsibility to bring these points to your attorney so become an active participant in your lawsuit. If you leave it them, you will only get what they actually have time for in your suit. Remember, you are not their only client and if you want to win you will have to help your team with many hours of research. DO NOT EXPECT TO WIN WITHOUT YOUR FULL PARTICIPATION.