We continue to defend numerous clients facing HOA foreclosures. Many times,
I often hear from our client’s statements such as “I didn’t
know the HOA could foreclose…” or “it doesn’t
seem right that the HOA can take my home away…” Unfortunately
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. There 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.
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).
If the HOA’s case is legally sufficient, then a stipulated settlement
option would be best. We 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. If you are facing
a HOA foreclosure, please contact our firm to aggressively fight the HOA
on your behalf.