Facing a Foreclosure from your HOA?
Things to look out for if you are facing a foreclosure from your HOA
HOA's can Foreclose on your PropertyUnfortunately for many homeowners, HOA's and Condominiums have the ability under Florida law to foreclose on past due assessments even if you are current on your mortgage with your bank. HOA's and Condominiums are very aggressive and will attempt to foreclose as fast as possible
Defenses to Consider when Facing a Foreclosure from your HOAThere are multiple defenses that can be raised which could result in a dismissal of the case. For instance, the HOA is required to record a proper Claim of Lien with accurate accounting. If not proper, a Motion to Dismiss or Defendant's Summary Judgment could be raised to dismiss the case. See Saar v. Wellesley at Lake Clarke Shores Homeowners Ass'n, Inc., 68 So.3d 417, 419 (Fla 4th DCA 2011) (Reversing the associations judgment, since the associations accounting methods were woefully inadequate to correctly ascertain and give notice of the amounts claimed to be due). It is important to note that If the HOA's case is legally sufficient, then a stipulated settlement option would be best. I have negotiated numerous discounted settlements with various HOA's in Florida. However, this can only be accomplished if you properly litigate the case to gain leverage.