The HOA filed and recorded a lien for dues before the bank filed the foreclosure , the HOA was named as a defendant and answered in 18 days , 55 days later the HOA filed separate foreclose, with a lis pendens in the complaint but did no record it, 48.23 fl statute , does not address a lien prior to lis pendens , what do you think ??
There is a recent case that says that an association cannot file a new foreclosure action under the circumstances. However, like everything else in the law relating to foreclosure in Florida these days, things change constantly, and the burden is always on the borrower to fight an uphill battle. So, if it is your objective to defend against this, please do not try to do it yourself, as you will not be likely to succeed. You need a knowledgeable, experienced financial services litigation attorney to take this on for you.
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.
The law is constantly being made on foreclosures at this stage. You need to hire an attorney because there are far too many things that can go wrong if you do not, and you do not know how to assert affirmative defenses, which are waived if they are not brought up.
R. Jason de Groot, Esq.,