Legal Question in Civil Litigation in Florida

A homeowners association file a lien and a complaint for foreclosure for payment some of which they had received and seek a judgment for the same. In the process during the litigation they continue to accept and deposit payments from the defendant for assessments and fees. They have also refused the defendants the privileges of automatic gates access and clubhouse gate access. What recourse is available to the defendant/homeowner if any if they can prove those facts


Asked on 9/28/10, 6:59 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Defendants need to have a real estate attorney review the condo association's by-laws and the foreclosure documents. Generally, locking out from the property is not permitted during foreclosure proceedings. The clubhouse may be a different situation.

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Answered on 10/05/10, 5:54 am


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