Legal Question in Real Estate Law in Florida

We live in a community with an HOA. Our home has been in foreclosure since May of 2009. We have been applying with the mortgage company to try and work out a modification. They have not given us a final answer and have not pushed for a sale date on the house.

Our HOA fees are due each January and since we were in foreclosure we did not pay them this year. There is an attorney who I believe lives in our community and represents the HOA. They have filed for a Motion for Summary Judgement of Foreclosure on our home. They have also now tacked on 3300+ in attorneys fees. There is a hearing on the 27th of this month for the Motion. My question is, if we pay the HOA fees now plus the interest that has been accrued to date, can they still proceed with the motion, if we do not pay the attorney's fees at this time? Also, can they refuse the payment?


Asked on 10/09/10, 5:51 am

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

They can proceed with the motion and you need to make sure you are at that hearing, no matter what. You can try to get a settlement agreement before the hearing or you can show up to the hearing and present your case to the judge, bring your money and see if it can be resolved at the hearing. The judge may very well reduce their attorney's fees.

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Answered on 10/14/10, 3:23 pm


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