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ChrisA11 (Florida)
Posts: 3
Posted:
I live in Florida. Somehow I thought that deliquent HOA dues take priority over mortgages, much like a water bill (at least here) will be paid off before the mortgage company gets paid in a closing. Is anyone familiar will this?

Also, is there any difference with foreclosure and who gets paid first?

Thanks in advance.
PeterD3 (Florida)
Posts: 708
Posted:
The order of the lien depends on when it is recorded.

You'll [HOA dues] never be ahead of a 1st mortgage.

There may also be utility liens, tax liens, additional mortgages or other judgements you'll be 'in line' with.
CarolF (Florida)
Posts: 435
Posted:
However, if the financial institution gets title to the property through final judgement of foreclosure FL statutes 718 (condos) and also 720 (homeowners)both have the following provision. This is copied directly from the Becker & Poliakoff law blog -

"when a bank takes title to a unit as a result of foreclosure, the bank is obligated to pay either 12 months of unpaid assessments or 1 percent of the original mortgage debt, whichever is less. For example, if a condominium’s annual assessments are $3600, and the unit has a $250,000 mortgage, the bank will pay to the association $2,500."
SimoneT (Florida)
Posts: 116
Posted:
I live in Florida too. This is good to know. Thank you.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Simone

While not responding to this particualr issue, my experience says FL has more in place rules, regulations, laws, etc. about "joint living associations" then do many states. These rules/laws can vary quite a bit from state to state but more importantly they can also vary quite a bit within a specific state from type association to type association. As an example, rules on mobile home associations where one does own the unit and the land it is on, verus owns the unit but rents the lands rent it sits on might be quite different. Rules/laws on standalone home associations might be quite different then those on high rise building associations.

I advise you to be careful when reading suggestions, replies, etc. Be sure they apply to your state, your local municipality, your association.

Hope this helps.

SimoneT (Florida)
Posts: 116
Posted:
Geez, maybe I should move back to New York, LOL! Thank you for that advice.

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