Foreclosure in Orlando>Question Details

kb2364, Other/Just Looking in Orlando, FL

My wife turned her house over to the mortgage company in April, 2011 and it still has not been foreclosed on. Will the HOA put a lien on the house?

Asked by kb2364, Orlando, FL Fri Jun 14, 2013

We moved out of the house when she turned to house over in 2011, my wife paid the HOA fee in 2012, but not this year. Now the HOA is sending her letters about turning the fees recovery to a lawyer. So I am trying to find out if the HOA will come after my wife or put a lien on the house.

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This is not legal advice so please contact a real estate attorney for legal advice before taking any action.


Hi,

There are several questions that you will need to explain to get a good answer.

1. Why did you turned the keys to the bank?
2. Have you done a deed in lieu of foreclosure?
3. What name is on the public record?
4. Is there anyone in the house?
5. Why did you pay the HOA after giving the house to the bank?

What I can tell you without this information is.

1. If you turned your keys before a foreclosure without been foreclosure you just left the property abandoned and you still liable for everything.
2. If they did a deed in lieu of foreclosure they should be responsible for HOA and Taxes from that point on.
3. The name on the public record most likely will be the liable for HOA and Taxes.
4. If you still own the house you could still be there since April 2011. Most of the times it will not make any difference on the foreclosure process and judgment against you. If you own the house and someone rented the house them it is a problem or if you have squatters.

If you still own the house and don't pay the association will foreclosure and that possession. Most of the time they will rent to recover unpaid fees until the bank come and foreclosure on everybody.
Your credit will be damaged either way.

If you don't own the house just print a copy of the public record or deed and contact the hoa so they can contact the new owner.

Good Luck

This is not legal advice so please contact a real estate attorney for legal advice before taking any action.
0 votes Thank Flag Link Sat Jul 27, 2013
Hi, if you still need help, please contact me. I may be able to help you with the process Thanks,
0 votes Thank Flag Link Tue Jul 16, 2013
Yes, sorry to say they can place a lien on the property. I would recommend speaking to a lawyer. I would normally also speak to a realtor in your area about doing a short sale over a foreclosure. It maybe to late, but I would speak with one any way. I like to have control over selling the property over just giving it back. This is why you should have spoken to as many professionals as you can before letting the house go. I know it is very stressful.
0 votes Thank Flag Link Sun Jul 14, 2013
Yes, they can and probably have. better call a lawyer to get the situation fixed.

VP
0 votes Thank Flag Link Mon Jun 17, 2013
They can! HOAs have a lot of power including the right to place a lien on your home and also to foreclose on the home, if they choose. Unfortunately, until the bank officially forecloses on the home and takes ownership in their name, the HOA dues continues to be your personal obligation. Reach out to the lender and try to find out where they are with the foreclosure of your home. You can also find out if a short sale is an option for you at this point. If so, call me!

Karen Weathers, REALTOR
Charles Rutenberg Realty
407-618-6727
environ0103@hotmail.com
0 votes Thank Flag Link Sun Jun 16, 2013
Yes they will put a lien on the "foreclosing" house.

Check with a lawyer if your loan is a Recourse or Non Recourse loan.

Right, the HOA will turn it over to a lawyer, and either collect from the Bank
after a REO sale, or come after her and you later.

This is why some folks have to file for Bankruptcy.

Hence, heed the advice and go to a lawyer.

Good luck.

Perry
Web Reference: http://www.ruthandperry.com
0 votes Thank Flag Link Sat Jun 15, 2013
Hello kb2364,

Yes, Mark is correct. Please contact a lawyer to help you with the HOA letter. And they do normally place a lien on the property.
0 votes Thank Flag Link Sat Jun 15, 2013
I think you already have the answer in the letters from the HOA and it is yes. Contact a lawyer. Most will have an initial conversation with you for free.
0 votes Thank Flag Link Sat Jun 15, 2013
More than likely if you do not pay, they will have a lien put on the home. It is best to speak to an attorney. Charles Hendrick, Changing Latitudes Real Estate in St Cloud, FL.
0 votes Thank Flag Link Fri Jun 14, 2013
Have you spoken to an attorney? They can advise you on legal matters, what rights she has & how to proceed.
0 votes Thank Flag Link Fri Jun 14, 2013
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