Homeowners Association Foreclosure in Florida

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.

Plumbing Damage to Property – Get Help With Subrogation Today!

Damages resulting from water are one of the most common homeowner claims and are often very costly.  High paid claim dollars can result if the leak is not detected early.  Because plumbing is often hidden (running behind walls, in attics and in many instances encased in cement below the floor) water can be running for some time before a loss is discovered.  Most homeowners and business owners do not conduct an inspection of piping, fittings, and hoses and rarely even give much thought to them all until they are ankle deep in water!  Subrogation may exist if faulty plumbing work is the culprit or defective materials can be established but in most instances, the failure and ultimate loss is simply age.

The use of plastic (CPVC) materials has become universal in the plumbing industry mostly due to its low cost.  In addition, plastic is lightweight, easy to work with and does not rust.  However, plastic plumbing parts are frequently made of poor plastic material, are improperly shipped, are poorly manufactured or the part design may be substandard for its intended use.  Imperfect product installation is also a contributing factor to water damage claims.  There have been many instances where pipes are laid in slab work by one worker who is followed by another gluing the line together who unfortunately misses a few joints.  The pipes are then covered by cement and usually maintain their connectivity for a few years, then eventually start moving apart which results in a very costly slab leak.

For a Subrogation Specialist to be successful in pursuing a subrogation claim against the proper party in water damage losses the investigation must include onsite exploration of the plumbing system to determine the failure as to whether there is a  design or manufacturers defect or possibly an installation or maintenance problem.  A plumbing system less than 10 years old should not fail. Hiring the proper expert to conduct an inspection may be somewhat costly but the dollar amount of the paid claim often justifies the expenditure on water damage claims.  That is where we at Stephen Barker Law come in and save you time, energy, and money with a highly experienced professional like Stephen Barker. Contact us today so we can work together and solve your subrogation case at (561) 910-4340 +15619104340.

Subrogation Law in Florida

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Sometimes this leaves people wondering how is this possible, and rightfully so! The insurance company is exercising its right to subrogation, which means the insurance company is substituting itself for the actual party involved in the auto accident and collecting the money for the damage done to that individual’s property (for which they have already paid pursuant to their insurance contract with that person).

What is Subrogation?

Subrogation is an equitable doctrine in Florida and throughout the country.  The purpose of subrogation is to provide relief against loss and damage to a creditor who has paid the debt of another and preventing people needlessly paying for other people’s mistakes.  What does that mean?  It means if someone else pays your bill and you are compensated by the wrongdoer for that bill, the person who paid that bill for you — usually an insurance company  — has to be paid back.

The most common example we see is health insurance.  When you get in a car accident, your health insurer often pays your bills.  The at-fault driver’s insurance company also pays your bills. Florida law typically requires you to compensate the insurance company for the money that they spent.  Luckily, we at Stephen Barker Law are often able to negotiate substantial reductions in that amount.

Let’s get into how this is fair.   The insurance companies are stealing money from accident victims who have more of a right to that money than the insurance companies.  Why does it matter that there was an accident involved?  That is what you are paying premiums for in the first place, right?  Unfortunately, Florida law does not see it that way.  The law sees it from a freedom of contract perspective.  These insurance companies all have contractual language obligating you to pay back the money they pay you if you collect that money from another source.

What Is the Solution to This Problem?

Our lawyers deal with this issue all of the time.  We have developed a lot of tactics to reduce and even eliminate health insurance liens.  What if your case is too small for a lawyer?  You should contact the insurance company’s lawyer and try to negotiate a settlement on your own without a lawyer.  The insurance company’s lawyer is sometimes authorized to accept pennies on the dollar to settle these cases in an effort to save the insurance company the time and effort of trying to collect a judgment it obtains.

If you want answers, please reach out to us at Stephen Barker Law and we can help you get your case in order today!