Legal Question in Real Estate Law in Florida

Hello,

I have been out of work for more than 2 years. Therefore, I have been unable to pay my homeowner association fee (HOA) and I got hit by foreclosure by the HOA for $2.193 plus fees. I am completely broke and desperately looking for a job to survive. My questions are: 1) What are my options in dealing with HOA? 2) If I have no option at all, how much time (weeks, months) do I have before the HOA kicks me out of the house?

Thank you,


Asked on 8/13/12, 9:25 am

1 Answer from Attorneys

Alterraon Phillips APLaw, LLC

I am sorry to hear about your situation. In response to your first question, your option with the HOA is to see if you can workout a payment plan. Typically you will have to do this through their attorney. Based on the fact you have stated you are having a difficult time finding a job, I presume any payment would be hard. If you cannot workout some type of payment plan, the foreclosure action will proceed. In relation to your second question, how much time will it take in someways depends upon you. If you fail to file an answer to the foreclosure action within the 20 day time limit, then they can file a motion for default judgment, the home will be put up for sale/action (which can occur 30 - 120 days from default judgment). You then have a 10 day right of redemption period after the sale of the home before the title is transferred from you and is given to the purchaser of the home. If you do file an answer which consist of legal defenses, then the time period will be extended.

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Answered on 8/16/12, 8:51 pm


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