Full question:
I owe a little money to my Home Owner Association which is past due - they've hired an attorney stating he is going to foreclose on my property - he can put a lein on my property but can he foreclose on it?
- Category: Real Property
- Subcategory: Foreclosure
- Date:
- State: Florida
Answer:
Yes, in Florida, a homeowners association (HOA) can foreclose on your property due to unpaid dues after filing a lien. Foreclosure in Florida is handled in equity, meaning it is tried before a judge rather than a jury. If you have counterclaims against the HOA, those will be tried separately.
Once the HOA files a lawsuit to foreclose, they will serve you with a complaint, a lis pendens, and a summons. You have twenty days from receiving these documents to file an answer with the Clerk of the Circuit Court. Your answer should address the claims made against you and can include defenses, but lack of funds is not a valid defense. Valid defenses might involve disputes over the debt or payment history.
After you file an answer, a hearing will be scheduled where you can present your case. Filing an answer ensures you have the opportunity to be heard before any default judgment is entered against you.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.