Legal Question in Real Estate Law in Florida
A novation on payments made to condo assessments
I owe the condominium association dues and assessments. After 60 days late they put a cliam of lien on my property. The President of the association told me to send whatever I could to the accounting office and I forwarded $1,200 which I thought paid up the account in full. They cashed the checks and now I have been summoned due to the foreclosure of the claim of lien. Since the lien other charges have been assessed but I have continued in sending checks and they still cash them. I thought I had an agreement, but the Presdient backed out of it. Since I made diliegent efforts to make payments and they cashed the checks, is this a ''Novation'' or a new agreement. I feel the President has wronged me.
1 Answer from Attorneys
Re: A novation on payments made to condo assessments
Not a novation. The association should apply the total amount of money paid by you to the outstanding sum due. If your initial payment of $1200.00 was accepted and cashed prior to the filing or service of the foreclosure suit, you may be able to have the fees and expenses relating to the foreclosure suit waived. If not, you need to either work out a settlement, in writing, which should include general releases executed and exchanged by and between the parties. Seek the advice of counsel and good luck.
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