HOA lien forclosure Florida

Started by EdieL • 4 replies • 1798 views

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EdieL (Virginia)
Posts: 86

Posted:

Does anyone on this site know when a HOA in Florida
files a lien, can the HOA then file for forclosure and
if so what would be the time frame for filing the forclosure?
Edie

PeterB1 (Florida)
Posts: 257

Posted:

Per 720.3085 Payment for assessments; lien claims.--

(5) The association may bring an action in its name to foreclose a lien for unpaid assessments secured by
a lien in the same manner that a mortgage of real property is foreclosed and may also bring an action to
recover a money judgment for the unpaid assessments without waiving any claim of lien. Such action
may not be brought until 45 days after the parcel owner has been provided notice of the association's
intent to foreclose and collect the unpaid amount.

BryanG1 (Florida)
Posts: 43

Posted:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm

Print them out and keep them with you...

EdieL (Virginia)
Posts: 86

Posted:

So if the HOA can file forclosure, under their forclosure
how does the 1st mortgagor handle this action?
Edie

KirkW1 (Texas)
Posts: 1,665

Posted:

In Texas what typically happens is that the first lien holder is notified of the foreclosure. Then the HOA sits back and waits for the first lien holder to foreclose, and then sell the house. The HOA doesn't attempt to do anything with it.

That may be partly because in Texas the original owner has a 180 day right of redemption. At any rate, the HOA ends up with nothing in most cases and just hopes the next owner will be better at paying the dues. The vice president of our PM company claims she has never actually seen that happen, but that the owner always seems to come up with the money or enough to get into a payment plan.

My gut feeling is that we will find out soon enough since we are moving back to foreclosure on a house that setup a payment plan earlier and didn't follow through.

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