HOA Foreclosure

High student loans, housing costs, and medical expenses have caused many Americans to struggle financially. Luckily, there are options to help alleviate the burden and get a fresh start. Many of the options available to consumers will even stop a HOA foreclosure sale and allow you to keep the home. If you are considering relief through bankruptcy or facing the possibility of foreclosure, it is important to speak with an experienced bankruptcy attorney to determine the best course action for you. To schedule a free consultation with a bankruptcy attorney in Tampa call us at 800 990 7763.

FLORIDA FORECLOSURE PROCESS

Typically, if a homeowner is behind on their mortgage payment for 90 days the lender will file for foreclosure in Court. Florida is a judicial foreclosure state, that means the bank must go to court and receive approval from a judge before foreclosing on a home located in Florida. See Florida Statute 702.01. The court process can move quickly if action is not taken to prevent the foreclosure. If foreclosure proceedings have begun, contact a foreclosure defense attorney right away. There may be legal defenses that can be used to prevent the foreclosure of your home. Additionally, there may be other options available, such as deed in lieu of foreclosure, loan modification, or short sale. For more information about each of these options contact a foreclosure defense lawyer in your area.

FORECLOSURE FILED BY THE HOMEOWNERS ASSOCIATION 

Banks are not the only institutions that seek to foreclose on homes in Florida. Thousands of foreclosure cases are filed by homeowner’s associations in Florida each year. HOA’s are very aggressive in filing for foreclosure, in many cases seeking foreclosure when the homeowner is only a few dollars behind on their assessments. Further, it is not uncommon to have a balance of only $100 increase to over $5,000 after the HOA adds their late fees, interest, and attorney fees. Fortunately, there are options that can help prevent an HOA foreclosure sale.

Similar to banks, the HOA will need to file a foreclosure case in court and receive approval from a judge before the home is foreclosed. See Florida Statute 720.3085. During the court process, the homeowner will have an opportunity to raise defenses and challenge the foreclosure. To learn more about the possible legal defenses to foreclosure by an HOA contact a Tampa foreclosure defense lawyer in your area.

STOPPING AN HOA FORECLOSURE WITH CHAPTER 13 BANKRUPTCY

Additionally, filing for Chapter 13 bankruptcy can help stop a foreclosure filed by either an HOA or mortgage lender. A Chapter 13 bankruptcy filing could allow you to avoid foreclosure all together by working out a repayment plan over a span of three to five (3-5) years for the arrearage, otherwise known as back-due payments.  Essentially, the homeowner will have a 60-month loan to repay the back-due HOA fees. In mortgage foreclosure cases, the homeowner may be able to modify the loan to reduce the balance, lower the interest rate, and extend the term for repayment. For more information about a specific case or payment plan contact a bankruptcy lawyer to schedule a consultation

Tampa Bankruptcy and Foreclosure Defense Law Firm:

If you are thinking about filing for bankruptcy or are being threatened with foreclosure contact Florida Law Advisers, P.A. Our bankruptcy attorneys in Tampa are experienced in both bankruptcy and foreclosure defense. Every foreclosure and bankruptcy case is different, and our vast experience allows us to cater our services to each client’s individual needs. All of our initial consultations are free and convenient payment plans are always available. Regardless, if you need help with Chapter 13, Chapter 7, or foreclosure defense our professional legal team will provide you with competent legal advice you can trust. Call us now at 800 990 7763 to speak with a lawyer, we are available to answer your calls 24/7.<

HOA Foreclosure in Florida

Homeowners are often surprised to learn that their homeowners’ association may be able to foreclose on their home. HOA’s may be able to seek foreclosure in Florida for missed payments, failure to maintain property, and other conditions set forth in the Association’s declarations and by-laws.  In many instances, an HOA foreclosure in Florida will even involve homes with no mortgage or other liens. Fortunately, there are ways to fight back against an HOA foreclosure in Florida. If you are being threatened with an HOA foreclosure in Florida contact a foreclosure defense lawyer for assistance.

HOA Foreclosure in Florida

Florida is a judicial foreclosure state, that means a party seeking to foreclose a home must go to court and receive approval from a judge before a home is sold at a foreclosure action. This includes not just banks, homeowners’ associations must also go through the court process before foreclosing on a home located in Florida. Unfortunately, many HOA’s are very aggressive and will seek foreclosure if a homeowner fails to pay the HOA dues and assessments. In fact, many HOA cases stem from balances due of less than $100. Homeowners facing an HOA foreclosure in Florida should contact a Tampa bankruptcy attorney for assistance. Bankruptcy can potentially provide additional options to stop the foreclosure and help keep your home.

The Automatic Stay

When a debtor (borrower) files for bankruptcy an automatic stay is put in place as soon as the Chapter 7 or Chapter 13 bankruptcy is filed. See bankruptcy law 11 U.S. Code § 362.   The automatic stay requires all collection activity against the debtor to stop immediately, including a foreclosure sale that has already been scheduled. For more information on the automatic stay click here.

Chapter 13 Payment Plan

A Chapter 13 bankruptcy filing could allow you to avoid foreclosure all together by working out a repayment plan over a span of three to five (3-5) years for the arrearage, otherwise known as back-due payments.  Essentially, the homeowner will have a 60-month loan to repay the back-due HOA fees. Most of the time, the interest rate applied to these types of payment plans is around 6%.  For more information about a specific case or payment plan contact a bankruptcy lawyer in your area to schedule a consultation.

Lien Stripping

Under Chapter 13 bankruptcy law, junior liens (including mortgages or a homeowner’s association liens) can be stripped, or removed from homestead property. If the lien is stripped down to the market value, the remaining balance of the debt will be treated as an unsecured debt in bankruptcy. Unsecured creditors typically receive nothing or only a small amount of the balance before being discharged.  Further, after the discharge is granted in your bankruptcy case the lien holder (HOA) will be required to remove the lien from the property. For more information on why the discharge is so important, click here.

Bankruptcy and Foreclosure Defense Law Firm:
If you are thinking about filing for bankruptcy or are being threatened with foreclosure contact Florida Law Advisers, P.A. Our bankruptcy attorneys in Tampa are experienced in both bankruptcy and foreclosure defense. Every foreclosure and bankruptcy case is different, and our vast experience allows us to cater our services to each client’s individual needs. All of our initial consultations are free and convenient payment plans are always available. Regardless, if you need help with Chapter 13, Chapter 7, or foreclosure defense our professional legal team will provide you with competent legal advice you can trust. Call us now at 800 990 7763 to speak with a lawyer, we are available to answer your calls 24/7.

homeowners association foreclosure

Florida is a judicial foreclosure state, that means a party seeking to foreclose a home must go to court and receive approval from a judge before a home is foreclosed. This includes not just banks, homeowners association foreclosure cases must also go through the court process before foreclosing on a home. Unfortunately, many HOA’s are very aggressive and will seek foreclosure if a homeowner fails to pay the HOA dues and assessments. If you are being threatened with a homeowners association foreclosure contact an HOA foreclosure defense law firm right away, there may be foreclosure defenses available to  prevent the foreclosure.

Homeowners Association Foreclosure Defense of Insufficient Notice

Under Florida Statute 720.3085, before a homeowners association foreclosure case can be filed the HOA must provide the homeowner with proper notice. Florida law requires the HOA to send notice to the homeowner of their intent to record a lien at least 45 days prior to recording the lien. Further, the notice must provide details of the amount owed and provide for an opportunity to pay the amount due prior to filing foreclosure. The notice must meet all the requirements outlined in the Statute. For information regarding a specific notice contact an HOA foreclosure defense attorney for legal advice.

Notice of Intent to File Homeowners Association Foreclosure

Additionally, Florida foreclosure law requires the HOA to send the homeowner notice of their intent to foreclose on the lien at least 45 days prior to filing for a homeowners association foreclosure. The notice of intent to foreclosure the lien is supposed to be sent after the HOA files their lien for the past due fees and assessments. If the HOA does not send the homeowner both the notice of their intent to record a claim of lien and notice of intent to foreclosure on the lien they should not be entitled to foreclosure. Additionally, the HOA may be responsible for paying your legal fees if you win the case.

Both notices are required to be sent by registered or certified mail with a return receipt. See Florida Statute 720.3085(4)(b). The notices must be sent to the address of the property they are intending to foreclose. If the property owners do not live in the home the HOA must send the notices to both the homeowner’s mailing address and the property address.

Homeowners Association Foreclosure for Late Fees

It may not be just past due fees and assessments, a homeowners association foreclosure case can also seek interest and attorney’s fees. In most homeowners association foreclosure cases, the amount of attorney’s fees they charge will be far in excess of the amount of HOA dues owed. In fact, in some cases, the attorney’s fees are more than 3 times the amount of the past due HOA fees. On the other hand, if your foreclosure defense lawyer is successful in getting the homeowners association foreclosure case dismissed the HOA may be held responsible for reimbursing you for your attorney’s fees. See Florida Statute 57.105.

Homeowners Association Foreclosure Defense Law Firm

If you are being threatened with a homeowners association foreclosure contact Florida Law Advisers to speak with a HOA foreclosure defense lawyer. The HOA foreclosure defense attorneys at our firm have years of experience in these types of cases and will aggressively fight the HOA on your behalf. We accept many forms of payment and offer our HOA foreclosure defense clients the choice of either a low cost flat fee or low cost hourly fee. For more information or to schedule a free consultation with a HOA foreclosure defense lawyer call us today at 800 990 7763.

stop HOA foreclosure in Florida

Many homes, condominiums, and townhomes in the Florida will be included in a homeowners association (HOA). If the property is part of an association, the homeowner will likely be required to pay a monthly or yearly fee to the HOA. The fee will vary between each association but in some cases can be hundreds of dollars each month. Further, the HOA may be able to add late fees, attorney costs, and even file for an HOA foreclose in Florida. Fortunately, homeowners who have fallen behind on HOA payments may be able to stop HOA foreclosure in Florida and get the fresh start they need by filing bankruptcy. If you need to stop HOA foreclosure in Florida contact a Tampa bankruptcy attorney to learn more about how a Chapter 13 may be able to help.

Stop HOA Foreclosure in Florida with the Automatic Stay

When a debtor (borrower) files for bankruptcy an automatic stay is put in effect as soon as the Chapter 7 or Chapter 13 bankruptcy is filed. The automatic stay will put an immediate halt and stop HOA foreclosure in Florida. The automatic stay requires all collection activity against the debtor to stop immediately, including a foreclosure sale that has already been scheduled. For more information on the automatic stay click here.

Eliminate HOA Fees in Bankruptcy

Under bankruptcy law, HOA fees may be discharged in Chapter 7 or Chapter 13 bankruptcy. However, determining the amount that will be discharged requires careful consideration by an experienced bankruptcy lawyer. Generally, the HOA fees that have been incurred prior to the order of relief from a bankruptcy court will be eligible for discharge. However, Bankruptcy law will not permit a discharge of HOA fees incurred for any time period after the order for relief has been entered and the debtor still retains either a possessory or legal interest in the property.

If a debt is discharged in bankruptcy the borrower will be released from all personal liability on the debt. The discharge is a permanent court order releasing the borrower from the responsibility of having to pay the debt. Further, the discharge prohibits a creditor from taking any collection action against the borrower.

Using Lien Strip to Stop HOA Foreclosure in Florida

Under Chapter 13 bankruptcy law, junior liens (including mortgages or a homeowner’s association liens) can be stripped or removed from homestead property. If the lien is stripped down to the market value, the remaining balance of the debt will be treated as an unsecured debt in bankruptcy. Unsecured creditors typically receive nothing or only a small amount of the balance before being discharged.  Further, after the discharge is granted in your bankruptcy case the HOA will be required to remove the lien from the property. For more information about lien stripping contact a bankruptcy lawyer in Tampa.

Stop HOA Foreclosure in Florida with a Chapter 13 Payment Plan

A Chapter 13 bankruptcy filing can permit a homeowner to stop HOA foreclosure in Florida by forcing the HOA to accept a repayment plan over a span of five years.  Essentially, the homeowner will have a 60-month loan to repay the back-due HOA fees, regardless if the HOA approves it or not. Most of the time, the interest rate applied to these types of payment plans is around 6%. The rate of interest under a Chapter 13 payment plan is often much less than the rate an HOA may charge. For more information about a specific case or payment plan contact a Tamp bankruptcy lawyer to schedule a consultation.

HOA Foreclosure in Florida Law Firm

If you are thinking about filing for bankruptcy or need to stop HOA foreclosure in Florida contact a Tampa bankruptcy attorney. At Florida Law Advisers, our attorneys are experienced in both bankruptcy and foreclosure defense. Every case to stop HOA foreclosure in Florida and bankruptcy is different, and our vast experience allows us to cater our services to each client’s individual needs. All of our initial consultations are free and convenient payment plans are always available. Regardless, if you need help with Chapter 13, Chapter 7, or foreclosure defense our professional legal team will provide you with competent legal advice you can trust. Call us now at 800 990 7763 to speak with a lawyer, we are available to answer your calls 24/7.