Upcoming Foreclosures

Florida HOA Lien Law?

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. I guess your friend isn't a lawyer. You owe the HOA fees and there isn't any trick you can do to stop them from foreclosing on you if you do not pay in this 6 months. If you want verification, contact a real estate attorney where you are who specializes in this type of law.
2. Ok, first of all, you are very, very misinformed on the legal aspects of your situation. There was NEVER a loan modification law passed, ever...banks were (and are not) required to make loan modifications. The story behind it is long and complex, but the Federal Gov't gave banks a huge incentive to make loan modifications to cut down on foreclosures but NONE were REQUIRED to make them. So, I hope that clears up your first misconception. The second is HOA dues. You are not going to find a Florida law pertaining them because Florida doesn't have to pass any...when you purchased your condo you SIGNED legal documents at closing agreeing to the by-laws of however your HOA was written up...it is your job and responsibility to read them. When you don't pay your HOA dues you are STEALING from everyone in the complex...maintenance cannot be made, insurance cannot be paid, the place cannot run the way it should and if the fund goes upside down that affects everyone's property values. When you modified your loan the bank DOES NOT pay your HOA dues because they are your, not the bank's responsibility....that is not part of your loan modification process and HOA dues ARE NOT subject to reductions or settlements unless it goes before a vote...and you are unlikely to find sympathy among your neighbors...why should they pay when you don't????? Your friend is wrong...if you owe $6,000 in dues and attorney fees and they put a lien on your condo, if you don't pay it, you already signed papers at your closing giving them the right to foreclose and either buy or sell your property to recoop the funds...they don't even have to go to court to do it. They don't care that you lost your job.....you signed a legal contract when you closed on your house of what you were responsible for paying....that is the only notice they have to give you.
3. The HOA lien is junior to your mortgage and in order for the HOA to foreclose they would have to pay off the first mortgage. realtor.sailor