Legal Question in Real Estate Law in Florida

We live in Clermont, FL and our home is already in foreclosure and we received papers from our HOA that was filed with the court saying we have 20 days to respond, if we don't they can take our property without any further warning from the court. Can that really happen?? Please Help!!

Sharon


Asked on 5/04/10, 5:09 pm

2 Answers from Attorneys

Jean Winters Winters & Winters, PA

I certainly hope the HOA did not claim they could take the property without any further warning from the court. That would be flatly untrue. However, if you do not respond, the HOA CAN file a default against you , and then obtain a summary judgment. You need to respond, if you intend to contest the HOA's lawsuit. The HOA probably has a count for a personal judgment, so even if they do not take your home, the HOA could get a judgment and then collect on the judgment. More frequently, because of the high mortgage foreclosures, HOAs are collecting on personal judgments. You need to figure out if you have any defenses to the HOA complaint.

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Answered on 5/09/10, 5:18 pm
Lesly Longa Longa Law P.A.

You need to file an Answer to the Complaint you were served or a default judgment will be entered against you. That means that they can ask the court for a judgment in their favor because you never responded within the required time period. So, yes, in part, what they are saying is true. If you want to have your day in court, you must take action now. If you want to maximize your time in the home, you should contact an attorney right away. Regards,

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Answered on 5/10/10, 6:36 am


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