I stopped paying my condo assoc.dues it's been 3 years. The condo foreclosed on the fees but I was never served.
Miami, FL |
I am still paying the mortgage and the taxes. No diligent search was ever conducted to find me but they have my phone number and address. I live across from the building. Can I get my unit back? Is it too late ?
Maybe. You might have a right of redemption for a certain period of time IF the property was purchased by the HOA at the sale. Check with a local foreclosure attorney to see if any mistakes were made in the foreclosure process that could render it invalid.
I agree with my colleague. The documents will need to be reviewed in order to properly advise you. I suggest that you consult with an attorney regarding the particulars of your case. Many attorneys on here, including myself, offer free initial consultations.
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The association is required to send you a 30-day "intent to lien" notice by regular mail and certified mail before they can file a lien against the property and then have to send you a 30-day "intent to foreclose" notice by regular mail and certified mail before they can foreclose. If they sent the letters and they are unclaimed, the courts will impute knowledge of the notice against the owner. I'm not saying you did this, but many people refuse to claim the letter thinking if they have no notice, the association can't foreclose. They can foreclose, even if a bank is already foreclosing.
You will need to obtain a copy of the court file and have an attorney review it. It is possible to set aside a judgment for fraud, but you need evidence to prove this.
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I fully concur with my fellow attorneys' advice and suggest you consult with a licensed foreclosure defense lawyer immediately. Generally speaking, it is possible to vacate a final judgment for improper service. Assuming that the HOA constructively served you via publication, the judgment entered against you may be void or voidable as a matter of law if you were served by publication and the HOA did not make a "diligent effort" to effectuate personal service on you. Therefore, you should consult with an attorney as soon as soon as possible to see what rights and remedies are available to you.
Michael P. Fuino, Esq.
Associate, Matthew D. Weidner, Esq.
This answer is for informational purposes only and should not be construed, in any way, as the acceptance of representation and the creation of an attorney-client relationship. No attorney-client relationship shall exist unless and until a retainer agreement has been signed by Matthew D. Weidner, P..A. and countersigned by the prospective client.