Is your Home Owners Association (HOA) threatening Foreclosure or filed a Foreclosure Action Against You?

Has your HOA threatened or filed a Foreclosure action against you? If so, you need to hire a foreclosure defense attorney that will go to bat for you quickly and understands and is knowledgeable about various aspects of the relevant law and case law  to aggressively fight for you.

I often hear from clients statements such as “I didn’t know the HOA could take my home in a foreclosure…” or “it doesn’t seem fair that the HOA could take my home away…” Unfortunately for many homeowners, HOA’s and Condominiums have the ability under Florida law to foreclose on past due assessments even if you are current on your mortgage with the bank.

However, not all is lost! There are multiple defenses that can be raised which could result in a dismissal of the case. For instance, the HOA is required to record a proper Claim of Lien with accurate accounting. If not proper, a Motion to Dismiss or a Defendant’s Motion for Summary Judgment could be filed to dismiss the entire foreclosure action. See Saar v. Wellesley at Lake Clarke Shores Homeowners Ass’n, Inc., 68 So.3d 417, 419 (Fla. 4th DCA 2011) (reversing the associations judgment, since the associations accounting methods were woefully inadequate to correctly ascertain and give notice of the amounts claimed to be due).

IF after a through review, including after discovery in litigation, the associations case is legally sufficient, then a stipulated settlement option would be best. We have negotiated countless discounted settlements with various HOA’s in Florida. However, this can only be accomplished if you properly litigate the case to gain leverage.  Just last week, our firm was able to successfully save a clients home at mediation with aggressive negotiations that reduced our clients liability to the HOA by approximately 20k!  If you (or anyone you know) is facing a HOA foreclosure, please contact our firm immediately so we can aggressively fight the HOA on your behalf.

Benjamin Law Practice, PLLC has assisted countless homeowners all over Florida in saving their home. We have stopped a number of foreclosures and dismissed many cases. We have also negotiated settlements with all major banks and servicers, saving our clients thousands of dollars and their homes. The proven results speak for themselves.  Let us put our experience to work for you with an aggressive and trustworthy representation at an affordable cost. Don’t be a “number” at a big firm. Be part of the family with Benjamin Law Practice, PLLC! Please check out our new website at www.benjaminlawpractice.com for further information, including contact information.