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HOA Auction foreclosure sale. Only knew that it was sold after eviction notice 1 day to move.

Pembroke Pines, FL |

I live in FL. I only have HELOC/Hm Equity L O C-the only morgage I have. My HOA foreclosed, sold home. But I worked out a payment plan date 20 Sept, received in mail 25 Sept. Date and returned to their off. on 27 Sept. Asked to make a few changes to include grace period of 15 days to start making payments. Ex. they wanted every payment by 30th Sept. but I added between 30th -15th. Drop1st check at there off on 15t Oct. They sold home on 29 Oct. They claimed they never got check til 20 Oct. Also they claimed they never got or sign stipulation/Pmt plan. Also gave another check on 10 Nov- they also accept/deposited. Never during that time did they say there was a problem with payment plan/stipulation etc. Need help Please. Need pro bono or low cost lawyer

Attorney Answers 2


  1. Here are some Quick Facts about Foreclosure in Florida:

    Judicial Foreclosure Available: Yes

    Non-Judicial Foreclosure Available: No

    Primary Security Instruments: Mortgage

    Timeline: Typically 180 days

    Right of Redemption: Yes

    Deficiency Judgments Allowed: Yes

    In Florida, all mortgages are foreclosed in equity. In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury.

    The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms. Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the lender or their representative to place such advertisement, publication, or notice.
    Equitable Right of Redemption ends at the foreclosure sale (or at another time specified by the courts, but this rarely happens). There is a period of time after the sale that "the court reviews the sale to ensure a fair price has been paid." Basically, this period of time allows parties to object to the sale on the basis that proper procedures were not followed or collusion existed between the bidders, for example. This period is usually 10 days, after which the Certificate of Sale is filed and title passes, if the sale is confirmed. If the sale is not confirmed, another sale is ordered. (Reference F.S. Chapter 702)

    The lender may sue to obtain a deficiency judgment in Florida.

    REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States.


  2. You cannot negotiate by crossing the lines in a contract, signing it and dropping it in their night drop box. They'll never acknowledge that they received anything from you. You dropped off some checks but never got the receipt. Your bank statement only says that a check number so and so was debited for such and such amount. It probably doesn't say who it was paid to, unless you have a check image on your statement that is actually legible. Bad move.

    Try to see if you can get the association to title the property back to you after successful negotiation of the payments.