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HOA has a writ of possession and the bank just issued granted us 90 days til the foreclosure to move out -

Oviedo, FL |
Filed under: HOA liens Foreclosure

We have been paying the HOA for almost a year rent to stay in the house (they have the title) - the bank has was granted with the forecl.; judge gave us 90-days to move out. I called the property mgmt to let them know what happened at court; their response was "you maybe protected but we have the writ of possession and intend on collecting rent until notifited by the lender". My question can the HOA take possession before the 90-days?

Attorney Answers 2


There is not enough information here. You really need to speak with a landlord-tenant attorney asap. It is odd that the HOA can have a Writ of Possession and insist on your continued payment of HOA dues/rent? You have to be prepared to fight the HOA in court if they attempt to have the writ executed. You can contact me for a free 15 min telephone consult by emailing to schedule the appointment.

No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.

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If the Bank has taken title to the house, there is very little likelihood that the HOA has the Writ. The only party that can get a Writ is the owner. However, I also sense from your question that the bank was only granted judgment and not possession as of yet until the clerk of court sells the house. If so, the HOA is indeed still the owner and may be able to evict you. For them to do so, they would have to file an eviction action. I doubt they have a Writ ready to go at this time. I think the agent may be bluffing you at this point.

DISCLAIMER NOTICE-- The above is a general response to the questions posed. This is in no way intended to create an attorney-client relationship, and should not be relied upon as legal advice. You are advised to seek the assistance of legal counsel for a complete review of your case and specific answers to your questions.

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The HOA purchase the cert of title; and we have been paying them. We went to court today... And yes the judge granted the judgement, said we have 90-days because we are currently tenants- I am not looking for a "free ride"" we have been paying rent to the HOA; I just don't want to leave for work tomorrow & find they exercised their writ of possession.... It's possible I could be n easy target-I have paid $$$$ to stay knowing the end would one someday...

Carol Lynne Zimmerly

Carol Lynne Zimmerly


The writ has to be posted by the sheriff on a business day. Then, they have to give you one full business day ("24 hour notice"). Then, they come back on the third business day or later to remove you. So, if the sheriff posts the writ on a Monday, they can't come back until at least Wednesday. If it is not posted yet, you can leave your house in the morning assured that your things will still be there when you get home at night. If you come home one night and see the writ has been posted, you have the next business day to contact an attorney and have them put a motion in to the judge to stop the writ. You should go ahead now and have an attorney review the papers you have so if this happens you already have representation. Good luck!

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