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Can a condo assoc filing for foreclosure evict the owner?

West Palm Beach, FL |

Just recieved a condo letter from their attorney stating that I have 30 days to pay or they will foreclose

Attorney Answers 2


This is not a notice of eviction. If you don't pay, the HOA will start the eviction process, which takes a while. If it is successful, you will ultimately lose title to and possession of the property. Consult with an attorney to see of there is any way you can save your house.

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No, they can foreclose and then get a writ of possession ousting you from your home, but they cannot use the eviction process to get you out, which is a different court action with expedited procedures.

You should offer a payment plan to get your assessments caught up. If you cannot afford to do so, contact a bankruptcy attorney and inquire about Chapter 13 bankruptcy if you have income and could repay the amount of five years.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at

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