HOA liens for nonpayment of maintenance or assessments are permitted under the Condominium or Homeowner Association documents. Pursuant to Florida Statutes, and assuming the proper authority vested in the condominium or HOA documents, associations are permitted to file a claim of lien against the property owner for nonpayment of any assessments or maintenance amounts past due. IF the homeowner fails to pay the HOA has one year to bring suit in foreclosure to take the property away, sell it in foreclosure, to satisfy the amounts due. And the worse news is that the owner loses their home, but the mortgage does not go away. The borrower is still liable under the terms of the mortgage even if the house no longer belongs to them.
Many associations, HOA and condominiums charge excessive amounts either not permitted by law or condo docs, and therefore require the intervention of an attorney to review the amounts, make sure they are legal and permissible and then hopefully negotiate the settlement of all sums due, so the homeowner does not lose the property.
Often times, it is just too late and the homeowner is not interested in keeping the property. In a short sale, the lender will most typically pay off all sums due the HOA or Condominium Association so the owner walks away from the debt.
When determining what is owed, and whether it makes sense to keep the property, enlist the assistance of an attorney tor review and confirm all charged amounts are legal. The first consultation is always free of charge.
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