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Sultana Louise Haque

Sultana Haque’s Answers

89 total


  • Can HOA charge finance charges on dues being paid in ch 13 plan?

    I filed chapter 13 about a year ago and included HOA fduees that were past due. The association had placed a lien against the property. The association is now receiving monthly payments from the trustee, but they continue to charge monthy finance...

    Sultana’s Answer

    Generally speaking the HOA should not be able to charge you finance charges outside of your plan on assessments that are in arrears that are being paid inside of the plan. The best way to answer the question, though, is to take a look at your confirmed Ch.13 plan and what that includes about what the HOA is getting paid and with what interest, if any. Generally, one of the benefits of a Chapter 13 is to be able to bring current a past due account over an extended time without incurring additional finance charges. That is how it works with debt owed to the IRS, for example.
    Your best bet, however, would be to schedule an actual consultation with your attorney about it, since the assistant keeps telling you she doesnt know (and it is a matter the attorney him/herself should probably address with you anyways). Your attorney should be familiar with the claim the HOA filed in your case as well as the proposed way you are treating that claim in your plan.

    Good luck!

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  • Is HOA entitled to any excess funds from first mortgage foreclosure, if property is past due on HOA?

    One owner has been past due on monthly HOA payments for the past 20 months. The first mortgage foreclosed on the property and it got sold for an amount higher than the judgement amount. The property also has a second mortgage. The HOA h...

    Sultana’s Answer

    The first thing the HOA should do is file the lien. I am not sure why after 20 months of non-payment that has not been done yet. Without it, the HOA risks not recovering anything from the sale (that is, if there is anything left as you have suggested) as those funds may go to the second mortgage who presumably did file their lien. Without filing that lien, how is anyone else, including the court, on notice that the HOA is owed anything? That is part of the purpose of the lien.
    But as my colleague has suggested, those past due assessment may be collected from the new owner, because the new owner purchased the property subject to any liens. That could include foreclosing on the lien (once the lien is filed, of course). I doubt the new owner wants to lose the property after having made the investment that he/she did, so that may be another way to recoop the funds owed to the HOA. Good luck!

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  • Can a mortgage foreclosure judgment be vacated?. If an appeal is filed does it stet the sale?

    a judgment was entered last week on a mortgage that has signature documents that don't match the signature... is there a lawyer that specializes in litigating mortgage foreclosure judgment's? how does status of limitation works if there has bee...

    Sultana’s Answer

    • Selected as best answer

    A foreclosure judgment can indeed be vacated, but you are facing an uphill and time sensitive battle, especially in Miami (although the same goes for my neck of the woods in Central Florida).
    There may be some better options that provide better odds of keeping the home, like filing for a Chapter 13 bankruptcy and enter into a mortgage modification mediation with your lender, but you will definitely want to seek the assistance of an experienced foreclosure defense or bankruptcy attorney to discuss the specifics of your particular case. Good luck!

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  • Are there special defenses to a foreclosure on a VA backed mortgage?

    I have seen on several attorney's web sites that there may be defenses available to VA loans beyond that for conventional mortgages. None of the sites, however, say what these defenses are.

    Sultana’s Answer

    Your potential defenses to a foreclosure of a VA backed loan is going to be specific to your situation and so you will not find them on any website. Even if you do not retain a foreclosure defense attorney to represent you, it would behoove you to at least meet with an experienced foreclosure attorney to get a sense of what you are up against. Many foreclosure defense attorneys will offer a complimentary initial consultation. Good luck.

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  • Does a certificate of sale show proof of purchasing a house or do I have to wait until the certificate of title gets recorded?

    I bought a HOA lien at the Orange County auction and I am going to get the previous owners to pay me rent or vacate the property. Does the certificate of sale show proof of ownership or do I have to wait until the 11th business day for when the ce...

    Sultana’s Answer

    • Selected as best answer

    You will have to wait until the Certificate of Title is issued, because the certificate that you have now does not show ownership since the sale can still be overturned within the 10 day objection period.

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  • Is it elligal to move in to a vacant foreclosure home in Florida? If it is what are the consequences?

    I want to move into a home next o where my sister in law lives because it is vacant and it has no owner but I don't want to get in trouble

    Sultana’s Answer

    As my colleagues before me have stated, moving into a home that you do not have permission to occupy, whether the house is vacant or not, would be trespassing and as a result result in criminal or civil penalties against you. If you have interest in the home, try to find out more information about it from an attorney or Realtor to find out whether there may be options available to you. But I doubt there is any attorney on this forum that would ever encourage you to move into the home if you do not have express permission to do so. Good luck!

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  • Can a homeowners association foreclose on a house because HOA dues are past due?

    My sister was served papers from a sheriff for foreclosure because she was behind with her HOA dues. They are telling her that if she doesn't pay the past due amount and their lawyer fees by Monday they will take her house. She is not behind on he...

    Sultana’s Answer

    As my colleagues before me have pointed out, absolutely an HOA can foreclose on a home that it has placed a lien on. When assessments become past due, an HOA can, and often does put a lien on the home. The HOA can then foreclose on the lien and take the property in its name. This is done regardless if whether there are any other liens on the home, even superior 1st mortgages.
    Foreclosures by HOAs are very common in Florida and tend to be faster than regular foreclosures since its based on your obligation to pay their assessments based on the HOA's declaration that the homeowner was required to adhere to when it became the homeowner. Accordingly, it is best to work something out with the HOA as soon as possible before it gets to a foreclosure action as that will only drive up costs and fees even more.

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  • Looking for Tough Palm Beach Foreclosure Lawyer to Help Us Save Home from Foreclosure ASAP! Sale date in 3 weeks.

    Have Sept 12 Date, and have Sept 11 ProSe (Prepared by lawyer) Lengthy Motion to Set Aside and Vacate Summary Judgement which was entered in Error. Dec 2008 Case but Bank Vacated/CXLD Case 3 times... every time we filed something they cancelled. ...

    Sultana’s Answer

    If you need assistance finding experienced foreclosure defense counsel, you can either contact the Palm Beach County Bar Association or the Florida Bar as they can refer you. However, seeing as how your sale date is quickly approaching, time is definitely of the essence, so don't delay.
    Good luck!

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  • Filed Ch. 13 to save home from HOA. Now they're giving me the 'business'

    We've got one of those 'rogue' HOA and management co you read about, and i'll spare you the details. Anyway, I got into their cross hairs unintentionally, they filed a lien, then decided to foreclose on me "because I ask too many questions" and "w...

    Sultana’s Answer

    As my colleagues before me suggested, no the HOA is not permitted to restrict your access and refuse services. However since you are already in a Chapter 13, this is certainly something you need to address with your attorney as any potential action against the HOA would have to be filed as an adversary proceeding (lawsuit within the bankruptcy proceeding). So you should talk to you attorney about this ASAP. Good luck!

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  • What are my legal rights and the laws when it comes to getting a home loan?

    I am 32 and looking for a home to buy. Some of my main concerns are FORECLOSURE, SHORT SALES, FOR SALE, BANK OWNED, and PRIVATELY OWNED is the company scamming me? What do I need to know about home loans before I go so I can not be taken advantage...

    Sultana’s Answer

    As my colleague, Attorney Bilu suggested, you should make sure you have your own team of legal professionals assisting you with the potential purchase of real estate. This starts with your own real estate broker/agent, but also an attorney. You may be able to hire an attorney on a case by case basis, for example, when you want to have a contract or other documents reviewed. I would indeed be a bit wary if a seller urges you to just utilize the seller's people, because they do not necessarily have your best interest at heart.
    Good luck!

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