HOAs in Florida foreclosing

[freeme0215]

There was a law passed in the state of Florida that allows HOAs to be the superior lein holder in a case where the HOA fees are behind in payments. The thought is to force the mortgage companies to act and start and finish the foreclosures on condos in a timely manner. If not, the HOA goes to court and the courts are giving the HOAs the condo unit, which the mortgage companies can be required to buy back from the HOAs..also the HOAs can rent the place out while all gets settled.

I am a condo owner. I have a Chapter 13 that is active. I had not added my HOA to the "creditor" list per my attorney suggestion. Now, I NEED to add them.

She told me I can add them and she is willing to do that now for me.

Will this action effectively hold the HOA at bay? I have been told that the HOA is a 100% payback on a bankruptcy, is this true?

Has anyone faced this issue of HOA obtaining a lein and then foreclosing on the condo unit and taking possession?

Thanks

[sealpup]

I don't own a condo or live in FL, but I own a house and live in CO. CO Hoa's have a superlien- like what you are describing. From what I remember reading they can file a lien and foreclose and before anyone else gets paid they are entitled to like 6 months of Hoa dues. We were discharged from Ch. 7 last August and had been on a payment plan to repay our arrearages to the HOA, but we quit paying when we filed, even though our lawyer told us to keep paying. We owed about 2k. I had been waiting for them to foreclose, but we got a letter in the mail a few weeks ago stating how much we owed and it only had the post-bk amount on it, nothing about the previous 2k. My guess is it's probably not really worth it for them to foreclose for only 6 months worth of dues. But who knows. I don't know if that helps or not, just my experience.

[Drazil65]

I wish our HOA would foreclose on our condo in Ohio...

[tobee43]

well, i know in our HOA here in florida what i'm doing is putting the liens on the house but not going after the owners. why? can't beat a dead horse, so as the HOA we let the bank pay and i'm certain many are going after the owners since they can't resale the houses until the liens are clear. the HOA is 100% payback as a superior lein holder, and as such that lien must be cleared to clear title.

when the banks have been taking possession and want to resale the house, what has been happening in our HOA is that the banks have paid us to clear the lien (me being part of the HOA board), and then actually, they, have added the cost to recoup to the new owners, since once again, those that have lost their homes are usually in no position to come up with the money.

now, that's what this HOA does, others go for the throat of the owner until the amount is paid. also, your correct in florida some of the HOA are in fact pushing for foreclosing on past dues and taking possession of the units. i just saw it happen to an HOA in the next town over.

[freeme0215]

I am the owner and I dont have the money to pay the HOA due to a medical condition and I am not working.

I have had a letter from the HOA saying they will place a lein, but my concern is that if they do a lein, do I have less time to find a place to live or is the process the same time frame as the bank doing a foreclosure

Thanks

[tobee43]

I am the owner and I dont have the money to pay the HOA due to a medical condition and I am not working.

I have had a letter from the HOA saying they will place a lein, but my concern is that if they do a lien, do I have less time to find a place to live or is the process the same time frame as the bank doing a foreclosure

Thanks

see if you can contact the assoc. and let them know about your situation. our little community is really trying our hardest to save people's homes and the only one's we are putting a liens on are those that the people left and abandoned their premises. also we have trying to help some work with banks to save their homes.

try and reach out to them, really you have nothing to lose and maybe something to gain. best of luck to you!