Legal Question in Credit and Debt Law in Florida
. My wife and I moved from AZ to Florida to retire.
2. We are both receiving are retirement checks from the state of AZ.
3. I receive Social Security retirement.
4. We own our home in FL.
When we left AZ. we owned a home in AZ. and tried to sell the home but were unsuccessful and after two years we could no longer make the payment and it went to foreclosure and will be sold at auction the end of January. We just were served with papers (home owners association) saying that a law suit has been filed against us and if we don't want a judgement against us we must file a response. My question is what should we do about this law suit
2 Answers from Attorneys
since you bought your home prior to a judgment being issued, as long as you claim homestead in Florida for the home you now own, creditors can not attach it. If you wish to save the home in AZ then file a response. HOA fees are one of the liens that can attach to a home but you are not in AZ and the HOA fees attach to the home in AZ. This is a bluff.
Your best bet is to see a lawyer to review all the issues.