I received a summons from my HOA for a Lien and past due assessments. I was given 20 days to submit an answer which I plan to do asking them to validate the correct amount of my debt. Then they will continue the foreclosure process.
About how long does it take an HOA to foreclose after you have been served a summons altogether?
You are confusing the validation provisions found at 15 USC 1692(g), which is part of the Fair Debt Collection Practices Act with making a response to a law suit.
Your failure to directly respond to the different allegations of the Complaint might be
used as a basis for a Motion for Judgment on the Pleadings, at the least, and a Motion
for Summary Judgment regardless.
The time for the foreclosure process to be completed for HOAs is much much shorter than what you have read about foreclosures by mortgage holders. For one thing, the HOAs are local to this area, and they tend to retain attorneys who are also local to the area. Having hearings scheduled, having local representatives available to testify, setting up mediation, and so forth is so much less involved than mortgages. Also, HOA documentation is relatively easy to provide--you do not have issues regarding assignments of mortgages, or different mortgage servicing companies, or proper application of payments, or requests for modifi- cation, and so forth. Instead, what is needed are essentially the Bylaws of the HOA, a copy of the deed, and the financial ledgers of the property manager for the HOA.
Also, since for the most part--not all--the amount involved is $15,000.00 or less, HOA cases are filed in the County Court, which is not as jammed with mortgage foreclosure cases as is the Circuit Court.
To answer your question, depending upon the efficiency of the lawyers representing the HOA and the response you make to the Complaint, the amount of time would run anywhere from 3-8 months.
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HOAs tend to provide all the proper documentation for debt validation in the original complaint. Before you start fighting this you should consider entering into a payment plan with the attorney for the HOA to keep your home. There are no defenses to not paying your HOA assessments and the HOA almost always wins. The only chance you might have is if the HOA did not process payments that you did make and there is an accounting dispute.
A debt validation will not buy you any time because the HOA simply has to restate the debt is valid and include the account ledgers that have already been provided.
The HOA is entitled to its attorneys' fees and costs when it wins the case, so a small past due amount could cost you thousands of dollars.
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 www.stagelaw.com.
I agree with the first response as to validation of the debt. You need to respond to the complaint within 20 days or you can be defaulted. A foreclosure lawsuit filed by the HOA is a lot harder to defend, as your defenses are limited. The attorneys for HOA are diligent in pursuing these lawsuits and will file a motion for summary judgment and unless you can prove payment of assessments or there was selective enforcement, you will lose this motion. A notice of sale is usually issued 30-45 days from the date the summary final judgment is entered.