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Florida HOA Lien Law Question?

I have a question. In 2008 I received a claim of lien from a lawyer because of not payment for HOA for a condo that I have. (My debt is since 2007) I did not send any payment because I lost my job and I was loosing that house. This year I started to work to get back the house with the new modification law. In april I received again the claim of lien but dated 4/15/10 with the new HOA dues. The letter says that if I not pay, the lawyer will put my house in foreclosure. I want to make a payment plan but my question is if I have any right or any trick to try to pay less. Because right now is $6000 and the lawyer told me that I only have 5 months to pay. A friend told me that if they put the lien for example in 2009 and my debt is since 2007 the law says that I only has to pay six months before from the date of the lien. Is that true?

Public Comments

1. No, your entire amount remains as a lien. You can try to work something out, but the HOA is often forbidden from making side deals.
2. Quizzard is correct. HOA's have to go by their regulations and bylaws. Often they can not settle for a lower amount. They generally can extend payment time, but it has to be by vote of the association. Depending upon that, you may or may not be able to work out a deal. What USUALLY happens in these situation is the bank that holds your mortgage will pay the amount due to protect themselves. Since HOA liens are what they call "superliens," they can take your property without paying your mortgage off. Essentially, the bank could lose what they paid out for you to buy the house. Banks often pay off the HOA lien and add it to your mortgage OR demand payment and then THEY foreclose. That's a better scenario for you though because the bank foreclosure has more settlement options. It is imperative that you take care of this. You can lose your home.