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Reversere Foreclosure very interesting - Are there other options to speed up recovery of unpaid dues during the foreclosure process? (FL HOA)

Started by KimB17 replies • 2103 views

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KimB1 (Florida)
Posts: 81
Posted:
I was searching the internet specifically for legal blogs with topic HOA foreclosure and stumbled across what appears to be a viable option to speed up recovery of unpaid association dues. Especially if we could not immediately lease an acquired home and recover money that can go towards association operations.

Has anyone employed similar strategies or have other suggestions?

Kindly refer to the following articles:

ALGPL.com other articles follow
http://southflorida.bizjournals.com/southflorida/stories/2010/02/08/story4.html
http://www.dailybusinessreview.com/Web_Blog_Stories/2010/Jan/Reverse_Foreclosure.html
http://www.abc-7.com/Global/story.asp?S=11884168
http://www.hoanewsnetwork.com/media/judge_grants_reverse_foreclosure.php

JohnE7 (Florida)
Posts: 13
Posted:
My understanding is in order for an HOA to do a reverse foreclosure the HOA has to first foreclose (take title) on the unit or property. I do not understand why an HOA would go through the expense of foreclosing and then go through the added expense of a reverse foreclosure (speeding up the process in which the lender takes title). We have foreclosed on one unit in my development, we rent it out and hope the lender takes a long time before foreclosing on us. We would not go through the expense of foreclosing on a unit unless we were pretty certain we could recover our expenses by renting it out until the lender forecloses on us. If anyone has an explanation of the benefit of foreclosing and then reverse foreclosing please post it.
HelenK1 (Washington)
Posts: 68
Posted:
We just had some success with power shutoff. We had a unit that stopped paying their dues and mortgage at the same time. We went ahead with the attorney process on our end. We thought it would go to sherrifs sale but the owner apparrently pulled it out by paying but still did not pay us. Our attorney sent a letter of intent to shutoff power. She called the attorney and made a proposal that she would try to start paying dues the following month and $100 extra per month if we agreed to waive her late fees. Basically she was asking for a 3 yrs interst free loan. Upon the advice of our attorney who advises against accepting payment plans because it sends the wrong message and often the accounts end up delinquent again before the payment plan is finished, we had already refused a payment plan from another I'll call "sue happy" homeowner That homeowner paid in full So we were left with a situation where we could get sued for unequal treatment if we accepted the payment plan, our ccr's state that all delinquent accounts must pay 12% interest and the homeowner in question had not gone 2 yrs since that last time her account had to be turned over to an attorney This was before I was on the board and they gave her a payment plan and waived the late fees.So back to the attorneys advice and the fact that we did not believe she could make it 3 yrs without falling behind again We posted the power shutoff notice on her door She called the attorney and said she could not pay in full and would send another proposal. Then nothing. She ignored us again. So we shut off her power. 2 days after we shut off her power her father went to our attorneys off with a check, payment in full. Anyway I may have posted this already but we have just sent out a letter to all our homeowner basically saying that if you intend to stop making your mortgage payments, if you want to live in the unit basically rent free during the process you will still need to pay your dues. If you do not pay your dues we will shut off your power. On a 2 bd unit the dues are $339 per month It would cost at least $800 per month for them to rent an apartment. So you can see the incentive to keep paying the dues.We are now startin the process of sending demand letters the first month the account become delinquent. Now this could only work in a condo.
KimB1 (Florida)
Posts: 81
Posted:
It is my opinion this option is adventageous when the home cannot be rented or immeditately sold with minimal loss. As mentioned we acquired title for $100 for one home and it is now rented. This was a good option in this situation. But the future liability to the HOA remain uncertain - i.e. past due real estate taxes, etc.

When an angry homeowner strips a home or it is in such poor condition and uninhabitable without costing $$$'s - I see no other option but to expedite by reverse foreclosure because of the limit to recovery of dues (lessor of 1-2% of mortgage or 6 months). It generally takes a year or more and banks don't want incur the added costs or have the negative affect on their books.
TerryB2 (California)
Posts: 4
Posted:
All the rules have changed in the last couple of months. Lending banks are now being held accountable for the trap they set, borrowing money they didn't themselves have, while using loose and illegal practices in the process. The massive lawsuit against Wells Fargo / Wachovia, Indymac / OneWest bank, Citibank, Bank of America, JP Morgan Chase, GMAC..............can actually, not only put a stop to your foreclosure, but also pause your house payments with no loss to you............
***SPAM LINK REMOVED ***
JohnO6 (Georgia)
Posts: 424
Posted:
I'll say one thing for you Terry - you don't give up.

Why don't you stop spamming this forum?
AnnaD2 (Florida)
Posts: 960
Posted:
JohnO...if you feel that Terri is "spamming" this site PLEASE report it to HOATalk using the form under Help on the menu. They can remove it.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
I actually enjoyed reading the web site Terry linked to. Thanks Terry, good info in there.

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