Foreclosure in Jacksonville>Question Details

Jennifer Cre…, Real Estate Pro in Jacksonville, FL

Can an HOA foreclose on a home if all the mortgage payments are current but the homeowner cannot afford HOA?

Asked by Jennifer Creswell, Jacksonville, FL Fri Sep 26, 2008

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They sure can! They foreclose subject to any of the mortgage liens though and those liens survive the foreclosure of the HOA.
0 votes Thank Flag Link Fri Apr 4, 2014
I dont know, you should probably ask Teddy, he would know what to say about collections.
0 votes Thank Flag Link Fri Jan 17, 2014
Actually, much of the fees assosciated with the "notification" are abusive. If you can find the right attorney you may not have to pay certified letter fees, especially if the HOA has made no other attempt to notify you. I've heard it not unusual for folks to be charged by the HOA for certified letters in excess of 45 dollars per letter. That's abusive. I live in Texas so the laws may indeed be different where you are.
0 votes Thank Flag Link Mon Jun 29, 2009
Absolutely! A HOA can foreclose and can place a lien on the property, first. Legal fees will be attached to the debt as well as interest.

It is fairly unusual for a HOA or Condo Association to foreclose- they usually wait until a sale and collect the past due assessments at closing.
0 votes Thank Flag Link Fri Sep 26, 2008
Yes, an HOA can foreclose. The HOA fees are meant to provide for maintenance and upkeep of the community. If a homeowner fails to make their payments, the burden of the maintenance and upkeep falls on the shoulders of the other homeowners. Those homeowners essentially are paying to keep the community maintained and protect the value of the non-paying homeowner.
I recently was involved in an HOA issue where a 1268-home subdivision foreclosed on a delinquent homeowner who owed $4000+. Those fees were incurred when the non-paying homeowner failed to respond to letters and certified letters and finally an attorney needed to become involved. After 3 years of failing to respond, the homeowner finally answered after receiving a foreclosure notice, but by then it was too late because he had not accepted the certified letters warning that foreclosure was looming. A neighbor asked if it was an abuse of power for the HOA to foreclose and added that it was unfair to the delinquent homeowner. That's not the issue. The issue was, if the HOA had not acted after showing incredible patience, it would have been unfair to the existing homeowners who had been keeping up their payments.
Laws may vary from state to state.
Sam Wagmeister, Realtor
Las Vegas & Henderson Nevada
Prudential Americana Group Real Estate
(702) 245-6556
0 votes Thank Flag Link Fri Sep 26, 2008
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