Can I decide to take HOA's arrangement of payment at the hearing for final summary judgement?

Asked over 2 years ago - Altamonte Springs, FL

Motion for Summary Judgement had an amount of approximately $5,000. I made payment arrangments for monthly payments that would have had the amount owed paid in one year. I began payment arrangements and I got a Stipulation from HOA attorneys for over $15,000 that would be paid in three years. I continued to make the monthly payments but stopped the arrears. They are now moving to foreclose. If it came down to it, could I accept that $15,000 arrangement in the hearing or threaten bankruptcy as the property has been transferred to a trust and is no longer in the homeowners name.

Attorney answers (3)

  1. Margery Ellen Golant

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . The personal liability for the debt can be discharged in bankruptcy. However, you may have outfoxed yourself, because since you are no longer the owner of the proerty, you cannot strip the lien in a Chapter 13, even if you otherwise could, and trusts cannot file bankruptcy. So, all you can accomplish in a bankruptcy under the current circumstances is to discharge your personal liability, not to avoid foreclosure. Also, it is unlikely anyone will be moved by 'threats' of bankruptcy. Lots of people threaten. It is rarely persuasive.

    You need an attorney who understands Chapter 13, and who understands foreclosure, who maybe can sort out this mess for you.

    Many of the attorneys who represent HOAs are having a field day charging excessive fees, knowing they can force owners to pay them or face losing their homes. Odds are the additional $10k is attorneys' fees.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  2. Keith Adam Halpern

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Following Attorney Golant's response, I am trying to determine where you are in your case, procedurally. It appears you either have a summary judgment against you or you're heading towards a summary judgment hearing.

    If you're heading to a summary judgment hearing, then you ABSOLUTELY need to ensure you speak to at attorney about, first, timely preparation for that hearing pursuant to Rule 1.510 of the Florida Rules of Civil Procedure.

    It's very clear that you need an attorney to consult with immediately like Attorney Golant whom is skilled in Bankruptcy relief.

    NOT LEGAL ADVICE--FOR EDUCATIONAL PURPOSES ONLY. We don't know the facts and this is not legal advice. Seek the... more
  3. Christopher Sprysenski

    Pro

    Contributor Level 4

    1

    Lawyer agrees

    Answered . Your question raises some procedural history issues that you need to discuss with an attorney. For example, was a judgment entered against you as a result of a Motion for Summary Judgment, or has a hearing been held at all on the Motion for Summary Judgment? Resolving your issue prior to a judgment being entered against you, and raising the appropriate defenses to a Motion for Summary Judgment, is a critical step in any foreclosure litigation, or else you may face losing your right to raise those defenses.

    You will also need an attorney to review the property's transfer into the trust, and the impacts that would have on your ability to file a bankruptcy.

    Your question is very document specific, and I would recommend scheduling time to speak with an attorney who can review all of the relevant documents, and provide you with your different options based on the current procedural posture of your case.

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