Legal Question in Real Estate Law in Florida

Re: Condo foreclosure law

The prior replies are accurate. However although a judgment of foreclosure may be obtained, a recent case indicates that a sale may NOT ensue. Consult with counsel to see how that case applies to you.

Re: Condo foreclosure law

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Absolutely. Florida Statutes 718 provides the right for a Condominium Association to foreclose on your property for failure to pay maintenance fees which are due and owing. If you fail to pay, they have to file the Claim of Lien first and then generally give you 30 days notice before filing the foreclosure action. You should resolve this before the attorney's fees and court costs mount up to be a substantial amount in addition to the principal amount due for which you will also be responsible.

Scott R. Jay, Esq.

Re: Condo foreclosure law

Yes. See Fla. Stat. 718.116 (6)(a) and (b)

The atty must comply with this statute as well as the FDCPA (Fair Debt Collection Practices Act). You should have at least 30 days notice before a foreclosure action is filed. That said, the longer you delay, the more expensive this will be - interest and fees continue to accrue until the debt is paid.