Delray Beach, FL asked in Foreclosure for Florida

Q: Once my HOA files and foreclosure can I still pay the past due and fees in full to dismiss the lien and foreclosure?

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1 Lawyer Answer

A: No, you have to pay the interest, attorneys' fees and costs. These are provided for by Florida law. If you cannot afford to pay in full you should 1) ask the law firm representing the HOA if the HOA will consider a payment plan or 2) consult with a bankruptcy attorney to see if you qualify for a Chapter 13 bankruptcy giving you five years to repay the debt. There is no obligation for the HOA to extend a payment plan except in bankruptcy or if you file a request in the case, but a request through the case only gives you 60 days to pay in full.

If your HOA has filed a foreclosure you need to address this immediately. You have 20 days from the day you are served to file an answer and affirmative defenses (if you have any). If you avoid service they will just publish in an obscure local newspaper that no one reads and get a default against you. The costs for publishing add to the amount you owe.

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