Homeowners Association and Condominium Association Foreclosures in South Florida

If only we could be kids for life. Get paid a weekly allowance for completing a list of chores and then spend every penny at the mall on items we probably don’t need. Sadly, many grown-ups in South Florida do the exact same thing; however, they get their “weekly allowance” for going to work. They are no longer purchasing baseball cards, action figures, or anything at Toys R Us. They are now purchasing vehicles they can’t afford, big screen TVs, handbags and shoes. What hasn’t sunk in is that as an adult, family and household expenses (mortgage, HOA, healthcare, daycare, food) should be the #1 priority, and then all toys and vacations should be purchased next.  Although most would agree, many South Floridians live credit card rich. Sounds great, but what happens when reality sinks in and you decided to buy that big screen television to watch the Superbowl as opposed to paying your HOA dues? Beware; your house can be foreclosed on!

“The association has the right to foreclose regardless of whether you are current or not on your mortgage payments”

If you live in a house, townhouse or condominium that is part of a common interest community in Florida, you are responsible for paying dues and assessments to the homeowners association (HOA) or condominium association (COA). If you do not pay, the HOA or COA will get a lien on your property and foreclose. You might think, “Well I paid my mortgage payment, so nothing will happen to my property.” Wrong. The association has the right to foreclose regardless of whether you are current or not on your mortgage payments.

If you are in the Fort Lauderdale, Miami, or West Palm Beach area and are facing an HOA or COA foreclosure and/or want to offer a settlement to the HOA or COA to become current, contact The Hershey Law Firm, P.A. at (954) 303-9468. We can help protect you from any potential consequences of an HOA or COA foreclosure. 

First Is the Worst, Second Is the Best, Third is the One With…? Lien Priority in Foreclosure Actions

You are at the department store getting ready to walk into the checkout lane, when a pair of shiny sunglasses lined up near the checkout line catch your eye.  You spend the next 45 seconds debating whether you need a 3rd pair of sunglasses that you will eventually lose. You decide you don’t need them, look up, and see a line 5 people deep waiting to check out.  When you got there, there was no line. Although you were first, you will have to go to the back of the line. In this case, “first come, first served” does not apply.  

“Typically, the matter of priority comes up in foreclosure actions because if a senior lien holder forecloses, it wipes out any junior liens.”

The concept of “first come, first served” is very important when it comes to lien priority.  A lien is a claim on residential or commercial property for certain legal obligations of the owner. These obligations can vary, from unpaid charges for maintenance and improvements, to outstanding balances on mortgage loans and taxes.  A valid lien must be satisfied either by full payment of the obligation or by satisfaction when the property is sold.

Generally, lien priority is determined by the recording date of the lien. The general rule is first in time, first in priority. Some liens, such as property tax liens, have automatic superiority over essentially all prior liens. Typically, the matter of priority comes up in foreclosure actions because if a senior lien holder forecloses, it wipes out any junior liens. However, if a junior lien holder forecloses, its foreclosure is subject to the senior lien.

If you fail to make your homeowner’s association (HOA) payments, the HOA has the right to file a lien against the property. The HOA (lien) foreclosure will wipe out any liens recorded after it was recorded in the public records (possibly a second mortgage). All liens recorded prior to the HOA lien will survive.  Keep in mind the first mortgage will not be extinguished from an HOA foreclosure.

If you have stopped paying your HOA dues and are facing an HOA foreclosure in Miami-Dade, Broward, or Palm Beach County contact The Hershey Law Firm, P.A. at (954) 303-9468 to help protect you from any potential consequences.