A Lender is not the only party that can foreclosure on a Homeowner. If their home is located in an Association and they fail to pay their dues, they can face Foreclosure. This is quicker than a Bank Foreclosure because there are less defenses. If you have been sued by your Association for failure to pay, contact your South Florida Association Foreclosure Defense Lawyers at (954) 990-7552.
How South Florida Association Foreclosure Defense Lawyers Benefits Homeowners?
1. Defense
Since 2010, we have defended Homeowners that have been served for failure to pay maintenance or assessments. We defend your case and help avoid a Judgment from being entered. While Association Foreclosures takes less time, we have been successful in helping Homeowners achieve their intended result.
2. Resolution
There are some Homeowners that are unable to pay due to a variety of factors. While this is unfortunate, it does not mean that it cannot be resolved. We always push our case to mediation. This gives the Homeowner an opportunity to meet with the Association and their Attorney to try to reach a settlement and keep their property. We have found this be an effective tool. On the the other hand, if we believe that the Homeowner’s best course of action is to sell, we help facilitate the process.
Association Foreclosure Process Explained
1. Homeowner fails to pay Maintenance or Assessments
They will receive a letter from the Association. It gives them thirty days to pay.
2. Still do not pay after the 30 days
The Association will send them a Notice of Intent to Record a Lien. As a result, the Homeowner will have 30 days to pay or a Lien will be recorded.
3. Still do not pay after Lien is Recorded
The Association will send the Homeowner a Notice of Intent to Foreclose on Lien. If it is still not paid 45 days after receiving the notice, they will file a Complaint against the Homeowner.
4. Served with the Complaint
Depending on the allegations, they can file a Motion to Dismiss or an Answer. If they are trying to resolve the past amount, they can file a Motion for Mediation. This allows them to meet with the Association and their Attorney.
5. Failure to Respond
If a Homeowner fails to respond, a default will be entered. This allows the Association to move closer to a Judgment.
6. Summary Judgment Hearing
If the Association is able to show that no facts or law raised by the Homeowner can prevent them from getting Judgment, they will file a Motion for Summary Judgment. Thereafter, it will be set for hearing. If the Court grants it, a Judgment will be entered and a Sale date will be set.
7. Foreclosure Sale
Anyone can bid on the property to become the new purchaser. This also includes the Association. In addition, if there is a Bank lien, the successful bidder will own the property subject to it. It is important that if you are thinking of bidding at an Association Foreclosure Sale, you should run a title and lien search.
If your Association has served you for failure to pay your Maintenance or Assessments, contact Your South Florida Association Foreclosure Defense Lawyers at (954) 990-7552.