Legal Question in Real Estate Law in Florida
Final Judgement
My mother in-law's house is in foreclosure, she has not paid her association fee's since Oct. of 2005. She feels the association owes her money and thats why she hasn't been paying. While I may not agree with her tactics, I am wondering because the plaintiff filed a summary judgement-is there any possibility of the judge finding in her favor? Even though them owing her money has nothing to do with what she owes them, they are seperate?
2 Answers from Attorneys
Re: Final Judgement
Who is the plaintiff? (your mom or homeowners association).The cases could be seperate but the judge could easily enter a judgement for the past fees because its part of her original agreement.(probably).I have represented associations who have foreclosed people
like your mom out of their property.If you want to talk to me call my office or e-mail me your phone #.
Re: Final Judgment
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It is extremely hard to understand what the situation is in this fact pattern. I am guessing that a foreclosure has been filed on the Association's Claim of Lien and a Motion for Summary Judgment has been filed. If your mother-in-law prevails on this motion she will still have to defend on the case in general. Usually, there is little chance of defeating a foreclosure action if you have not paid the monies required to be paid. She needs to seriously consider the risk she is taking and the possible consequences of losing her home for what is presumably a small sum of money.
Scott R. Jay, Esq.