Elba, Home Owner in Fort Lauderdale, FL

Does a HOA have senior position in Florida and can they foreclose on your home.?

Asked by Elba, Fort Lauderdale, FL Tue Nov 22, 2011

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I have seen several situations, including HOAs, where a junior lienholder foreclosed on a property in Jacksonville. It seems they go to a lot of expense and trouble, but it most likely improves their position with respect to getting some payoff.

Holly Hayes
0 votes Thank Flag Link Tue Nov 22, 2011
I have heard of one HOA that foreclosed on a property. The owner never paid her dues from when she bought the property for about 6 or 7 years. Typically the first mortgage holder has senior position, but junior lien holders can foreclosure on a property. If you get a notice from the HOA, you need to talk with a lawyer about what to do.
Good Luck.
0 votes Thank Flag Link Tue Nov 22, 2011
HOA's usually do not have a mortgage position with your home. That is with a lender. The HOA can put a lien on your property which must be satisfied before the property closes... but it would be VERY difficult for them to foreclose on your property since they would have to inform everyone else and they would not get very far in the foreclosure process. Check the covenants of your HOA to see if that is even in the by-laws. Sounds like someone at your HOA is trying to bluff you into paying. If an HOA is threatening you with foreclosure then you need to seek competent legal help with this issue. I would suggest a real estate attorney. David R. Anderson, Real Estate Advisor
0 votes Thank Flag Link Tue Nov 22, 2011
First they have to orove they own the note and the mortgage. Not easy, believe me. If you are to forclose you have to prove that you own both the note and the mortgage. If the mortgage went through MERS, they won't be able to do that. I am a consultant on foreclosures. I stop foreclosure in 24 hours, usually. Guaranteed or your money back . For information on how to fight your foreclosure, you can call me at 321-549-1052 or e mail me at :munozmelbourne@yahoo.com.
Luis S.
0 votes Thank Flag Link Tue Nov 22, 2011
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