Legal Question in Real Estate Law in Florida

My husband took out a large line of equity on our home before he died. My name was not on the loan, but it was on the house. I have since left the home and quit paying on everything for the last two years. Now the HOA is suing me for past HOA dues and exorbitant attorney fees. They purchased the home for $100 but because of a wrong property description, the sale was void. I'm not sure what they wll do next. Isn't any lien only to go to the property involved or can they attach my assets as they are threatening to do? I live in Florida. I was under the impression that there was new legislature that protected foreclosures from the HOAs.


Asked on 8/08/11, 4:50 pm

1 Answer from Attorneys
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Liens do go against the property but U R probably also personally liable. Ck. the HOA docs. 2 C if they include personal liability as well as a lien on the property. See also: F.S.720.3085 Payment for assessments; lien claims. (2)(a) A parcel owner, regardless of how his or her title to property has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments that come due while he or she is the parcel owner. .... (b) A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present parcel owner may have to recover any amounts paid by the present owner from the previous owner.

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Answered on 8/09/11, 5:39 pm


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