Legal Question in Real Estate Law in Florida
Home Owner Assoc. wants to foreclose.
Our HOA wants to foreclose on our home claiming that we failed to make our paymts. We were behind, but upon receiving a letter from a collection agency hired by the HOA, we went in person and submiited the paymt in full. About 2 wks later we receive letter from a Law Firm also representing the HOA stating that the balance due is $500. We contacted them & faxed receipts from the collecting co. reflecting the balance is -0-. Yesterday we received another set of papers "plaitiff motion for default FINAL JUDGEMENT FOR FORECLOSURE", these documents were addressed to the Judge (our copy was the cc)asking for his review and "if it meets w/ his approval to sign, and forward to the foreclosure clerk to schedule a sale date... PLEASE HELP...WE DON'T KNOW WHAT TO DO NEXT!!!!
1 Answer from Attorneys
HOA foreclosing on Amt. we already paid--HELP.
FACTS: HOA wants to foreclose on our home; Were behind, but we paid paymt in full. 2 wks later received letter from Law Firm for HOA stating balance due $500; We contacted firm & faxed pd. receipts from collecting co. showing 0 balance; Yesterday received set of papers "plaitiff motion for default FINAL JUDGEMENT FOR FORECLOSURE", addressed to the Judge asking for his review and "if it meets w/ his approval to sign, and forward to the foreclosure clerk to schedule a sale date.
Q. WHAT DO WE DO NEXT!
A. Hire a good real estate trial attorney! Hopefully you immediately notified the judge in writing of what occirred and then went to your atty. If you didn't, it is still not too late. You can go to a Bankruptcy atty. and consider a chap. 13. which allows you to keep your home by paying the current monthly pymt. and catching up the amt. past due.
The law firm for the HOA should have notified you that their may have been additional fees & costs since referral to their firm. They certainly should have notified the Judge of the correct amount due.
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