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Frese, Whitehead & Anderson

2200 Front St Ste 301, Melbourne, Florida, United States, 32901-7389

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I was charged in error for legal fees for services never rendered, and then when trying to resolve the error multiple times, I never heard back.
On January 15th 2020 I received a letter from Frese, Whitehead, & Anderson, P.A. that a lien was going to be placed on my house for my unpaid 2019 HOA fees of $364.98 (HOA fees + late fee). In the letter, there was also an additional fee of $350.00 for legal fees in an attempt to collect the HOA payment and place the lien.

However, my 2019 HOA fees + late fees were paid in full on December 31st 2019 with check #***, and the check was cashed by Brookhaven HOA several days later on January 10th 2020.
Apparently, Brookhaven HOA never alerted Frese, Whitehead, & Anderson, P.A. that my 2019 fees had been paid in full (including the late fees), and I received the letter from Frese, Whitehead, & Anderson, P.A. 5 days after the check was cashed by Brookhaven HOA.

The legal services to collect the HOA fees that I was charged legal fees for were not rendered prior to my payment, therefore I should not be responsible for paying the legal fees. I have tried to contact Frese, Whitehead, & Anderson, P.A. on 3 separate occasions now to discuss and resolve this matter. Although I firmly believe that I am not responsible for these legal fees, I wanted to pay them if they are not willing to write them off as an error due to miscommunication (or lack thereof) between Brookhaven HOA and Frese, Whitehead, & Anderson, P.A. However, I cannot even get someone from Frese, Whitehead, & Anderson, P.A. to get back to me to discuss the matter or provide me with a straight forward response.

On January 16th 2020 I called and spoke with Attorney Frese himself. He told me (in other words) that I have to take up the legal fees with the HOA, as he showed that my 2019 HOA fees were still unpaid. Subsequently, I wrote the HOA a letter with the above timeline and proof of payment, and I never heard back from the HOA or Frese, Whitehead, & Anderson, P.A., or received additional correspondence that I still owed the legal fees. Therefore, I assumed the issue had been resolved and that the legal fees had been written off.

On June 18th 2020 Ray from Brookhaven HOA came to my door and told me that I still owe the legal fees and that my house will be entering foreclosure in August. I was leaving to go out of state for several weeks the following day to care for a family member with cancer. When I got a chance, I called the law firm again on June 30th 2020, and I was told that Attorney Frese was out of the office working remote and had "a grandchild on the way," and I was told by his secretary that she would have him call or e-mail me, but it may be a few days before I hear back. I never heard back. On July 15th 2020 I still had not heard back from Frese, Whithead, & Anderson, P.A., so I called again. I was told again that Attorney Frese was working remote and that he would call me back.

As I mentioned above, I firmly believe that I am not responsible for these legal fees. However, I had contacted Frese, Whitehead, & Anderson, P.A. and was willing to pay them just to get the issue resolved and avoid having my house enter foreclosure. But, I never heard back. At this point, I do not feel it is even ethical for me to have to "settle" and pay the legal fees due to my time and effort spent on this matter. I am requesting that the legal fees be written off due to the error explained above, due to the miscommunication (or lack thereof) between Brookhaven HOA and Frese, Whitehead, & Anderson, P.A., and the value of my time and effort spent on this matter trying to get it resolved or paid.

Desired Outcome

I am requesting that the legal fees be written off due to the error explained above, due to the miscommunication (or lack thereof) between Brookhaven HOA and Frese, Whitehead, & Anderson, P.A., and the value of my time and effort spent on this matter trying to get it resolved or paid.

Frese, Whitehead & Anderson Response • Aug 03, 2020

See Attached Response

July 27, 2020
Revdex.com Serving Central Florida
1600 South Grant Street .
Longwood FL 32750

Re: Case #***
Sir/Madam:
This is a response to the complaint led by *** against our law rm, which by
the way is named, Frese, Whitehead & Anderson, P A. This fmn has been providing high quality
legal services in the Melboume area for over 30 years. Ms. is not and never has been our
client. Ln fact, she is an adversary. Our client is Brookhaven Home Owners Association. We were
directed by our client to take legal steps to collect delinquent HOA dues from Ms., which
we did. We advised Ms. by letter of the legal fees and the delinquent HOA dues, both of
which she is legally required to pay. Our services include all our time leading up to the demand
letter to Ms..
Our client paid us for our legal work pertaining to Ms. delinquency. We were
never informed by our client before sending the demand letter to Ms. that her account was
fully paid. And given that, Ms. apparently paid the delinquency directly to our client, we
had no idea of her payment until way after our legal services were completed.
The law and the HOA documents make a delinquent homeowner liable for all collection
efforts made by the HOA. All such efforts by our rm were made prior to any knowledge on our
part that the delinquencies may have been paid. We have no control over or involvement in any
HOA efforts to be reimbursed by Ms. for legal fees paid by the HOA to our law rm
We have communicated many times with Ms. by telephone and e-mail over the
last 6 months. Her statements otherwise are untrue. Her complaint against us is improper, incorrect
and unfair. She has paid us nothing and we have demanded nothing since we were paid by the
HOA several months ago. As I have told her several times, her dispute is between her and the
HOA.

Gary B. Frese, Esq.

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Address: 2200 Front St Ste 301, Melbourne, Florida, United States, 32901-7389

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