Florida is a judicial foreclosure state. Therefore, a party seeking to foreclose a home must go to court and receive approval from a judge. This includes not just banks, homeowner association foreclosure cases must also go through the court process as well. Unfortunately, many HOA’s are very aggressive and will seek foreclosure if a homeowner fails to pay the HOA dues. If you are being threatened with a homeowners association foreclosure contact a subrogation lawyer like Stephen Barker Law right away, there may be foreclosure defenses available to prevent the foreclosure.
Defense of Insufficient Notice
Under Florida Statute 720.3085, before a homeowners association foreclosure case can be filed the HOA must provide the homeowner with proper notice. Florida law requires the HOA to send notice to the homeowner of their intent to record a lien. Their notice must be sent at least 45 days prior to recording the lien. The notice must include details of the amount owed and an opportunity to pay the amount prior to filing foreclosure. The notice must meet all the requirements outlined in the Statute. For information regarding a specific notice contact an HOA foreclosure defense attorney for legal advice.
Notice of Intent to File Homeowners Association Foreclosure
Additionally, Florida foreclosure law requires the HOA to send the homeowner notice of their intent to foreclose on the lien. This notice must be sent at least 45 days prior to filing for a homeowners association foreclosure. The notice of intent to foreclosure the lien should be sent after the HOA files their lien for fees. If the HOA does not send the homeowner both the notice of their intent to record a claim of lien and notice of intent to foreclosure on the lien they should not be entitled to foreclosure. Additionally, the HOA may be responsible for paying your legal fees if you win the case.
Both notices are required to be sent by registered or certified mail with a return receipt. See Florida Statute 720.3085(4)(b). The notices must be sent to the address of the property they are intending to foreclose. If the property owners do not live in the home the HOA must send the notices to both the homeowner’s mailing address and the property address.
Homeowners Association Foreclosure for Late Fees
It may not be just past due fees and assessments, a homeowners association foreclosure case can also seek interest and attorney’s fees. In most homeowners association foreclosure cases, the amount of attorney’s fees they charge will be far in excess of the amount of HOA dues owed. In some cases, the attorney’s fees are more than 3 times the amount of the past due HOA fees. On the other hand, if your foreclosure defense lawyer is successful in getting the homeowners association foreclosure case dismissed the HOA may be held responsible for reimbursing you for your attorney’s fees. See Florida Statute 57.105.
Homeowners Association Foreclosure Defense Law Firm
If you are being threatened with a homeowners association foreclosure contact Florida Law Advisers to speak with a subrogation lawyer. Stephen Barker has years of experience in these types of cases and will aggressively fight the HOA and stand firm for what is fair.
For more information about your rights in an HOA case or to schedule a consultation with a Stephen Barker Law, call
(561) 910-4340 or +15619104340.