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How to stop an HOA Foreclosure in Florida

Fort Lauderdale, FL |

My HOA is doing a foreclosure on my apt very soon. How can I stop them to do that, or at least delay the foreclosure process. They claim I owned 14k on maintenance and lawyers fees. The Bank already delayed their foreclosure on the unit because I'm working with them to modify the loan, can I use that as grounds to stop the HOA foreclosure?

If the bank owns the first mortgage (150k) how can they are letting the HOA get the unit for a 14K lien?

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Attorney answers 2


When a second lien holder forecloses, any buyer takes the place subject to all prior liens. You can file a Chapter 13 bankruptcy to stop the foreclosure and catch up the payments on the HOA dues and the mortgage. You can file a Chapter 7 bankruptcy, but that will only buy you a little bit of time. If you have any potential claims against either the mortgage company or the HOA, you may be able to get an injunction, but you have to act fast.

See an attorney immediately.

[I am a Virginia-licensed attorney. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]


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.

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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.

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