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Condominium and Homeoweners' Association Foreclosures in Florida,

Fort Lauderdale, FL |

my HOA foreclosed my unit for not paying maint, fee, however i do have an outstanding mortgage. Question: whats gona happened with my mortgage ? Does HOA responsible for my mortgage ? or i have to pay for my mortgage ?

Attorney Answers 2


Assuming that you signed the underlying promissory note, you remain obligated on the mortgage.

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what if stop paying the mortgage ? will bank file foreclosure ?

Jeffrey Alan Klein

Jeffrey Alan Klein


Most likely.


An HOA foreclosure will not extinguish a superior lien (in this case your mortgage) and therefore it is still attached to your property. Assuming that you signed the Promissory Note, you remain personally liable for the loan amount. In the event that the such mortgage payments are not paid the bank will indeed file a foreclosure action against anyone that has an interest in the property. This includes yourself and the HOA. You may want to contact your HOA's attorney and see if they would be willing to enter into a payment plan and reissue a certificate of title in your name.

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