Default Letter in the Context of a HOA Foreclosure
Many people, including Lawyers and Judges, discuss “paragraph 22” as a defense. This is a condition precedent to foreclose in the State of Florida, where the Bank is required to send the homeowners a notice of default prior to filing a foreclosure case. In the Home Owners Association (HOA) context, there is an analogous defense that is viable and a condition precedent. For HOA’s, Fla. Stat. 720.3085(5) states in part “[an] action to foreclose the lien may not be brought until 45 days after the parcel owner has been provided notice of the association’s intent to foreclose and collect the unpaid amount.” It is critical the defense is raised early and properly. If you or anyone you know has not received this notice from the HOA, please let us know immediately. We can preserve this defense and possibly get the case dismissed at Summary Judgment or Trial. Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. Please contact us to see how we may be able to help you. In addition, for more information on foreclosure defense visit this page.