the Board Of Directors, deviating founds to different projects out of the condominium, and using fraudulent practices to foreclose on people
Is there any chance that I may vacate the sale if they are found guilty?
Estate Planning Attorney
I disagree with my California colleagues assessment of your situation. First off, before filing a "lis pendens" in Florida to rescind a foreclosure sale, you better already have a lawsuit pending (which is what that means) that casts a shadow on the legal right to the property. Generally speaking, courts follow the procedures laid out in Chapter 702 of the Florida Statutes regarding how foreclosures are prosecuted, including when and how the defendant (you) waives the right to a hearing on the matter (702.10(1)(a) and (b)) before the foreclosure is finalized. Once the sale is finalized, the courts are remiss to overturn. You really need to hire a local, Florida, real estate attorney that is familiar with foreclosure defense to protect your interests.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
You can always try and resend the sale. The first thing to do is file a Lis Pendence with your County Recorders Office after you file a lawsuit to put everyone on notice that a lawsuit exists and anyone purchasing the property does so that his/her own risk.
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Guilty is a term used in criminal prosecutions, not in civil litigation. That said, if you were to file and win a lawsuit accusing them of misappropriating funds, the sale will not likely be overturned. Most likely they would be required to pay the Association back the money that they diverted.
If you file and win a lawsuit claiming that they committed fraudulent foreclosure practices, depending on the circumstances, you could get the property back, but at worst you would get money damages. Both cases are difficult and would be hard to win without a lawyer with several years of experience in real estate litigation. Heck, it would probably be pretty challenging for a lawyer with several years of real estate experience.
Good advice from Ms. Johnson, and Mr. Walton. You have nothing to stand on unless you can prove that the fraudulent practices related to the foreclosure action on your unit. The burden will be on you, and it is a bid one.
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.
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