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When a condo. unit is foreclosure in Fl, will the HOA able to recover all the monthly fees and special assessment that were not

We have to do a concrete restoration in the building because it will be 40 yrs old next 2011, we started doing a special assessment last year but this year we have already increased it in order to have the necessary funds available for next year, so we can start the concrete restoration in 2010 and have it finished on time. The main problem that we have is that we do not know in case a unit goes into a foreclosure, will the HOA be able to recover all the money for the monthly fees and special assessment that this unit ( s) did not pay?

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Attorney answers (1)

Reputation Level 9
Your Association will probably not be able to recover all of the assessments/maintenance collected if a unit is foreclosed by the Mortgage company. If the mortgage is substantial such that the unit is "under water," the bank will take possession at the foreclosure sale. Under current state law, a bank that takes possession at a foreclosure sale is only required to pay 1% of the original loan amount or 6 months of past owed monthly assessments, whichever is less. if the amount owed to your association is greater there will be a shortfall that will not be recovered. If, on the otherhand there is equity in the unit and a third party purchases at the foreclosure sale, the proceeds will go first to pay the Mortgagee and then the Association. So if after the sale the mortgage company is made whole, and there are sufficient funds left over, the Association has a chance of being made whole as well. Unfortunately, the last scenario is a rare exception to the thousands of bank foreclosure in Florida.
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