homeowner fell into hardship made payment arrangements based on Motion for Summary Judgement that would have been paid in one year...received a stipulation a few months later for almost $11K more than the amount in the Motion. Owner is no longer on title. transferred title into trust. Can they still foreclose?
Yes they can still foreclose, and no, the HOA does not have to serve the mortgage company wiht the Complaint. Completion of the HOA foreclosure will extinguish the owner's interest as well as that of the trust, but will not affect the rights of the mortgage creditor.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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you need to have a lawyer review this with you as you mention various documents and at least 2 lawsuits that would require a lawyers review.
first as to whether the HOA can foreclose without joining the superior lienor the first mortgage holder the simple answer is yes. they do so without impairing the rights of the lender and anyone purchasing the property at the foreclosure sale with the HOA takes subject to the mortgage.
second the transfer of the property could be in violation of the HOA requirements that it be preapproved by the HOA but regardless the subsequent transferee you refer to as a trust would be subject to the foreclosure as from the facts you given the transfer was made after the foreclosure suit or lien by the HOA was filed. thus the trust is in no better position than the homeowner
without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice
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Residential Real Estate Lawyer
It sounds like you received a settlement agreement or a stipulated settlement agreement. The amount would be higher because of fees the law firms charge to handle payment plans, which are typically really high and unregulated by any laws.
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.
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Presumedly, the homeowner's association is a "junior" lien holder, in that their lien was recorded after the mortgage on the home. Florida law states that a "senior" lien holder is not a proper party to a junior lien holder's action. As such, the homeowner's association need not name the mortgage company in its lawsuit for foreclosure, and may proceed with the foreclosure action.
As to the second part of your question, you would need to see an attorney to review the documents that were signed, and advise you accordingly.
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