Legal Question in Real Estate Law in Florida

Florida - Why would our HOA foreclose on a house assessed at $300,000 that has liens on it around $775,000?

Cert of title just issued into our HOA's name. Previous owner was $400 behind on HOA dues. Our HOA filed foreclosure suit in 2009 after First Horizon Mortgage filed lis pendes in 2007. First Horizon hasn't moved forward in their foreclosure and didn't dispute our foreclosure. $5,800 of property taxes are now due. the house is currently occupied by a "young kid" (app 19 y/o). Am I missing something? I can't see how our Board would pursue this and put our HOA liable for hazard insurance, taxes, maintenance, eviction, etc as well as pending litigation by first Horizon for their 2 liens.


Asked on 11/21/10, 5:03 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You are smart to ask these questions. HOA fees in Florida remain as a lien, even if a superior lien holder forecloses. The property will eventually be sold under the foreclosure or for back taxes. Whoever buys will still owe the HOA fees. Perhaps the association just wants to get the 19 year old kid out of residency there. Your HOA is paying for insurance, maintenance, etc now anyway. It may feel that the 19 year old increases its exposure to litigation, in the event that something happens on the property, as opposed to in the property. No doubt your HOA has a lawyer advising it. Go to the meetings and ask questions.

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Answered on 11/26/10, 5:28 am


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