I am a homestead owner of a condo. Can I be evicted?

Asked over 1 year ago - Hollywood, FL

the bank is foreclosing

Attorney answers (4)

  1. Sheryl Ann Edwards


    Contributor Level 12


    Lawyer agrees

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    Answered . Yes, even though the property is homestead property, if "you don't pay, you don't stay"

    This information is being provided for informational purposes only and is not to be taken as legal advice or to... more
  2. Jeffrey Alan Klein


    Contributor Level 13


    Lawyers agree

    Answered . You can be, but not until the property is sold at a court auction and a certificate of title is issued. That could be a long time from now depending on how fast the bank moves and how you defend the case. Speak with an experienced foreclosure attorney in your area about your options.

  3. Jaitegh Singh

    Contributor Level 7


    Lawyer agrees

    Answered . Yes you can. When you obtain a mortgage, the mortgage has your home put up as security for the money being lent to you. If you fail to pay the mortgage, then you will lose the condo, even though it is your homestead. This is true if it is a mortgage we are talking about that is trying to foreclose, since you did not specifically state whether it was. If it is not a mortgage, then we are in the realm of homestead exemption. This is a serious matter and you need to consult with a foreclosure attorney, such as myself, in order to determine your options and establish a game plan in order to save the condo.

    Singh Law, P.A.
    Ft. Lauderdale - Miami - West Palm Beach
    (954) 586-6000
    Free Consultations Available

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
  4. Barbara Billiot Stage


    Contributor Level 20

    Answered . Just to be clear, not by the condo association. The bank or anyone who buys at the foreclosure sale can evict you, but not until they have a title issued to them. The condo association can foreclose even though the bank is already foreclosing and they can do so very quickly. They cannot evict you if they do not have title to your unit even though many condo associations will claim they can. Make sure you pay your condo assessments so they can't foreclose.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more

Related Topics


When you buy a condo, you own your individual unit, and all unit owners share joint ownership of the common areas, which are controlled by management.

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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