Inspire Article

Homeowner Association Foreclosures

09.15.2011
Posted by Noelle Smith of Legal Aid Society of Palm Beach County
Homeowner Association Foreclosures picture

Failure to pay your homeowner association (HOA) dues can result in your home being foreclosed. That's right-missing those $300 monthly payments can result in the loss of your home even if you are current on your $300,000 mortgage. HOAs are very powerful in Florida. You must stay current or risk losing your home.

This is the situation that an elderly woman found herself in when she came to the Legal Aid Society of Palm Beach County, Inc. She had missed a few payments, but otherwise was making timely payments. She was floored when she received the foreclosure complaint from her HOA and all the late fees, interest and attorney's fees that come along with it. Although she had only missed a couple of payments, all of her subsequent payments were being applied to late fees, interest and attorney's fees, so she was never able to get current.

Fortunately, the Legal Aid Society attorney was able to negotiate a settlement with the HOA, which included the waiving of all late fees and interest and a manageable repayment plan. There are very limited defenses to an HOA foreclosure, so if you do fall behind on your payments, try and resolve the matter sooner rather than later or you may find that your HOA will succeed in foreclosing on your home.

If you have received a foreclosure complaint and need assistance, please contact the Legal Aid Society of Palm Beach County, Inc.'s Foreclosure Defense Unit at 561-655-8944 Ext. 325 or by e-mail at foreclosuredefenseunit@legalaidpbc.org.

IMPORTANT: The information on this Website is not intended as legal advice or representation. No attorney-client relationship is created between the Legal Aid Society of Palm Beach County, Inc. and any person obtaining information from this website. Public benefits and other laws change frequently. We strive to keep this website up to date but cannot provide a guarantee that this information is accurate as of the time you are reading it.