Does an HOA have more power than a bank already pre-foreclosing on a home? can they put lien on home if you are only delinquent by $115.00?

Asked by Chula, 32828 Fri Oct 22, 2010

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Ken Anderson, Agent, Orlando, FL
Thu Apr 21, 2011
HOA's can and often do place liens on homes for back dues. This is their primary recourse towards collection. What gets ugly is when they get lawyers involved because now the lien goes from $114 to $3115 or more. In foreclosures this can even cause banks to balk at paying off the HOA and leaving it for the buyer.

Do they have more power? no, but the lien can tie up title prior to closing.

Ken Anderson
ApexOne Realty Inc
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Debra B Albe…, Agent, Port St Lucie, FL
Mon Nov 29, 2010
A HOA can foreclose on the property. I don't understand why they would want to. The owner can arrange for them to receive the rent payment. That would eventually pay off the debt. At least they would be getting some income instead of owning a liability.

Debbie Albert, PA
Keller Williams
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Because many of these owners are under water with their mortgage,waiting for forclosure and are not paying their dues while putting in anybody as tenants just to money with no strings attached. In effect, they become slum landlords and are tearing down property values. It is just a relief to get rid of them and their lowlife tenants.
Flag Sat Feb 2, 2013
Mike Luzzo, , Orlando, FL
Mon Nov 29, 2010

Let's break it down:

Does an HOA have more power than a bank -
the same as it realtes to foreclosure -

already pre-foreclosing on a home? - no such thing as pre-foreclosing

If you want to know the status of the foreclosure go to
CLICK - civil case records - put in mname of owner - monitor daily.

can they put lien on home if you are only delinquent by $115.00?
Yes they can...

Now Chula, you are the renter and I assume you are paying a monthly rent to an owner. If you are paying your monthly rent to an owner, call the owner and ask them what their intentions are of paying the $115. If they say they plan on paying it, ask them when they plan oon paying it, and tell them for 'peace of mind' you would like to see the notification from the HOA that all is paid. Give them no more than 30 days. Tell them if you do not see this resolved you will make amends to either sue them for breach of contract or simply move out.

Time to be strong Chula.

Happy Holidays!

Thank you for contacting us, we appreciate the opportunity to serve you.
Mike Luzzo
Top Value Group
...your HOME to the Top Values in Real Estate
Need More Information? Please visit us @

Charles Rutenberg Realty
933 Lee Road, Suite 300
Orlando, FL 32810
Office: (407) 622-2122
Cell: (407) 222-4545
Fax: 407-442-0615
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Alma Kee, Agent, Tampa, FL
Sat Oct 23, 2010
In Florida an HOA can foreclose and take ownership regardless of what the first mortgage or 2nd mortgage does with their foreclosure filings.

Some association attorneys are very aggressive and will foreclose. Some HOAs will actually rent out the unit once they own it to try to recoup the thousands in legal costs. Technically the underlying lender is entitled to that rent money but in reality the lenders are so messed up that they are not going after the rent money.

Also in Miami there was an association attorney that was successful at foreclosing and also got the first mortgage extinguished. That association got the property "free and clear". This normally doesn't happen but they were able to proved that the 1st mortgage had intentionally delayed foreclosure. For this recent legal precedent you will probably see HOAs and Condo Assns getting very aggressive and trying the same legal maneuver.

If you're renting, you may also have to pay the rental fee to the HOA. Contact your landlord and tell them to pay the HOA. Many owners are not aware of this extreme power that HOAs have in Florid.
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Bob Movin-On, , Hartford, CT
Fri Oct 22, 2010
Filing a lien after a foreclosure is filed makes for a difficult claim but HOA fees usually have lien rights that come before the bank making them the equivalent to property taxes. Most likely the HOA will piggyback the bank and collect upon transfer of title, for them to force a foreclosure before the bank would make the liable to pay the bank prior to taking title.

Good Luck
Bob Patrick
Buy a home after foreclosure expert
Helping families/people that have gone through foreclosure get back into a home in a much shorter period of time
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Alma Kee, Agent, Tampa, FL
Fri Oct 22, 2010
Hi Chula,

The HOA can actually foreclose for $1. It seems ridiculous but it has happened for less than a few hundred dollars.

Yes, I see it all the time where the HOA takes ownership and then evicts the owner. Pay your HOA dues to prevent this.

Also if an owner is delinquent on HOA or Condo dues and it is rented out, the Association can require the tenant pay them the rent. This was a recent law change in Florida.

Main thing is the HOA needs to paid to prevent abusive HOA attorneys from increasing their legal fees by foreclosing--even when it makes absolutely no economic sense.
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Debra B Albe…, Agent, Port St Lucie, FL
Fri Oct 22, 2010
They can do it, however, I personally see no advantage in doing so.

Debbie Albert, PA
Coldwell Banker Residential
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Broker Dave, Agent, Orlando, FL
Fri Oct 22, 2010
Yes they can, most all now file the minute the bank files the preforeclosure docs at the County to protect their interest just in case they are owed back HOA payments.

Typically once a home owner falls behind on the mortgage they quit paying the HOA fees, this is especially done when the property is being rented, not always but more so than none.

They can also file with the court to have the monthly rent payments from the tenant paid direct to them until back HOA payments are caught up. After the HOA fees are caught up they must then release the tenant to pay the landlord as per the lease but can refile again if needed to start this process over again if the HOA fees become delinquent.

The tenant / landlord relationship remains the same throughout this process per the lease, the HOA never assumes the landlord role.

Hope this helps,

Dave Lowe, broker
GRI, ePRO, Realtor

Community and Family Values
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Edyta Gryc, Agent, Naperville, IL
Fri Oct 22, 2010
I think it will cost them more money to put a lien if only $115 is owed.
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Tom Priester, Agent, Tequesta, FL
Fri Oct 22, 2010

It really does not matter who has more power. Anybody who has a legal right can put a lien on your property, even if it is in pre-foreclosure. The legal system has been set up in a manner to protect those who have a legal claim to file liens in order to protect their interest.

Best of luck and if I can provide any additional information to be of help please let me know.

Always at Your Service,

Tom Priester e-PRO
"Results Driven Real Estate"

Keller Williams Realty
561 308-0175
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April Kaiser, , Orlando, FL
Fri Oct 22, 2010
The HOA can foreclose before the bank. It's up to them WHEN and IF they want to start he process. I dobut they woudl foreclose for $115 since it cost much more to foreclose. But can they do it....yes.
Good luck.

April Kaiser
Realtor-Keller Williams 321-277-1003
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