I was served with my pending (HOA)foreclosure lawsuit t in Tampa and have few days to respond.

Asked by Justme, Tampa, FL Tue Dec 2, 2008

This is NOT a mortgage foreclosure but a HOA issued.Our mortgage was willing to work with us and modified our loan. Unfortunately the lawers fees more than double the back HOA dues. My wife was laid off and jobless for several months. This really hurt us. We can now afford to continue as normal, due to her new job, but we can't pay these fees. How can we plea to the judge to keep our home.Can we lose our home....

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South Florida…, , Miami, FL
Fri Aug 27, 2010
To bad I just saw this question.
Florida is a Judicial State- meaning your home CANNOT be taken from you IF you live in it (HOMESTEAD) You are given YOUR DAY COURT- BUT YOU MUST RESPOND within 20 days upon service of complaint . More importantly Fla Law requires HOAS to give TWO 45 DAY certified letter-Return Receipt NOTICES before they can initiate FORECLOSURE of ASSESSMENT LIEN (1) 45 DAY INTENT TO FILE LIEN (2) 45 DAY INTENT TO INITIATE FORECLOSURE.

PROBLEM is once the attorney's get involved then the costs start racking up -- for a 500 dues in back assesments at 250/hr billing the attorneys fees are over 1500 at time of filing of forclosur.

HOW TO AVOID THE FORECLOSURE PART- Even if you do not agree with the amount due of the assessment or maybe you don't have the money - do what ever you can to get the money (BEG-BORROW-STEAL) and go to the County Clerks office and file a REQUEST FOR SATISFACTION OF CLAIM OF LIEN BY COUNTY CLERK. . The clerk will satisfy the lien and notify the Lien holder.

This cancels the Foreclosure part of the complaint- THEY CANNOT TAKE YOUR HOUSE AWAY. The only arguments left are the amounts due for REASONABLE ATTORNEYS FEES-- THE JUDGE DETERMINES THIS NOT THE ATTORNEYS.

Web Reference:  http://SFHTRA.ORG
0 votes
Hello would you know the NYS laws that are equivalent to the HOA laws in Florida
Flag Sat May 2, 2015
Robert Wilson, , Tampa, FL
Sun Dec 7, 2008
You need to contact the attorney first and ask to negotiate a settlement... it will be in your interest to do this before your court date.

How much is the total amount of back HOA?
0 votes
Garth Jones, Agent, Valrico, FL
Tue Dec 2, 2008
Florida law says that a HOA can place a lien against, and ultimately foreclose upon your home. A drastic measure, but it can and does happen. My suggestion is to have as much dialog with the HOA as possible, make sure that they know that you want to settle up, but are currently not able to. Pursue some kind of payment schedule which will allow you to get caught up over time, not all at once. It is in nobodys best interest for the HOA to foreclose upon you, and the instances that I am aware of where this has happened, there was NO dialog between the HOA and the homeowner. Best of Luck.
0 votes
Sj209, Both Buyer And Seller, California
Tue Dec 2, 2008
Always pay the HOA fees no matter what. Do not stiff the HOA. You need to go to the HOA directors on your hands and knees. Good luck.
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