Q: what is the process of an association foreclosure. I need to stop foreclosure. I have a 1 day window to act.
I received a letter date August 19, 2022 informing me that a clubhouse association intends to foreclose on my property. I had 30 days to respond and dispute the claim (I missed this day) and if they did not hear from me within 45 day they would foreclose. This will take me to Monday to be the deadline to stop the foreclosure. I did respond by email on 9/26/22 but the law office has not responded. I tried calling but the number they provided does not answer. I searched the firm's # called but left a message but no one answered. In fairness. The hurricane may have caused then not to respond. My question is, What is the time frame for a foreclosure process in Florida from these powerful entities such as an association and how can I mitigate the damages and stop the process of the foreclosure? Thank you for your answer.
A:
Community associations, by law and the association documents, are entitled to interest, late fees, attorneys fees and costs for the collection of late assessments. Any payment is, by law, applied to these charges first, which means unless you pay the amount in full, you are at risk of foreclosure. There are very few defenses and are pretty much limited to you paid the assessment, the payment cleared your bank but your account was not credited.
You can try to call the law firm on Monday since many were closed or busy dealing with their clients issues with the storm. You can request a payment plan but the association is not required to approve it and it does generate additional legal fees.
It is impossible to predict how fast the association will file the foreclosure. Filing is done electronically and it’s a pretty fast process. It just depends on the workflow of the law firm handling your account.
A: Usually the only way to stop an HOA foreclosure is to pay or settle the amount due. The HOA foreclosure process in Florida can be very quick if you ignore the documents. I recommend a consultation with a foreclosure defense attorney. Most of us offer free consultations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
