Legal Question in Real Estate Law in Florida

What is the name of your state (only U.S. law)? Florida

I've just received a Notice of Hearing and Motion for Final SummaryJudgment of foreclosure and reasonable Attorneys from my HOA. They currently have a lien and are suing for foreclosure. The hearing is in April. Is it possible to still try to work out a payment plan or is it a done deal already? I've been trying to work out a loan modification on my house which is still in limbo. Why would they want a home that is under water? Can the HOA kick me out of my house before the bank forecloses? Do I have to attend the hearing?

Thank you for your help.


Asked on 3/11/10, 1:58 pm

2 Answers from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi. You're running out of time, but you're still in the game. Yes, the HOA can foreclose and kick you out. They would then take the property subject to the first lienholder. You still have time to pay it off. You can try to negotiate with the HOA attorney on a payment plan and see what, if anything they will offer you. If you decide to negotiate, do not wait until the hearing. Do it sooner rather than later. The longer you wait, the more limited your options become.

You might also consider meeting with a good foreclosure defense attorney. They might be able to buy you more time. Same advice applies - do it soon. Don't severely limit your attorney's ability to defend you by waiting too long.

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Answered on 3/16/10, 2:28 pm
Lesly Longa Longa Law P.A.

You are definitely running out of time. I imagine you filed an answer, so either contact teh HOA to negotiate something or consult with foreclosure defense attorneys and find someone who will represent you. Regards,

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Answered on 3/17/10, 6:17 am


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