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WORKING ON LOSING YOUR HOME TO FORECLOSURE?
By
Jan Bergemann
Published
January 29, 2016
It seems to me that quite a few
homeowners living in mandatory community associations are
working really hard on losing their homes to foreclosure.
They either rely on the rumor that
homesteaded property can’t be foreclosed on – this rumor has no
basis whatsoever – or think that making telephone calls or
sending e-mails are a proper response to a court summons.
In all honesty: Please don’t be so
naďve!
If you are behind – for any “good” or
“bad” reason – please contact the association immediately and
try to find an amicably solution for payment – before a small
amount of unpaid dues turns into a huge mountain of debt caused
by late fees, interest and especially legal fees.
In case you didn’t see the story of a
TAMPA MAN, whose $75 debt for unpaid maintenance
fees ballooned into a $1,768.51
debt – a debt he had to pay by certified check in the end to
avoid losing his home to foreclosure. This story is typical for
many cases we see happening nearly daily in Florida courts.
REMEMBER:
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Yes, a mandatory
community association has the right to lien and foreclose
for unpaid assessments (see FS 718.116 + FS 720.3085) – no
matter if the unit or home is homesteaded or not.
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Yes, the statutes
allow for outrageous legal fees – it’s big business for
attorneys.
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Yes, you will be
sleeping under the bridge in no time, because foreclosures
by community associations run its course faster than
foreclosures by banks or mortgage companies.
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No, there is no
real legal defense against foreclosure as long as the
association and the association attorney do everything by
the book!
Don’t let it get that far! Try to find solutions before the
association turns your account over to collection. If it comes
to the point where a lien against your home is being filed and
you feel that you don’t owe the demanded amount, file
immediately a “Contest of lien” with the court.
The actual form is contained in the statues and it doesn’t take
Einstein to fill out the simple form.
Once your account is in collection, please don’t make lengthy
telephone calls to the law firm --talking to secretaries or
paralegals – or send e-mails with explanations or payment
offers. Please understand: This doesn’t help your cause and will
only increase your debt. The only real result you might receive:
You will get another form-letter from the law firm – adding
$300-$400 to your already ever increasing bill.
If you really intent to fight the collection, create a legal
paper-trail and respond to the court – in writing in a timely
manner. Don’t give attorneys the chance to add to your already
outrageous bill by making useless telephone calls.
Homeowners living in a HOA regulated by the HOA Act even have
the opportunity to file a
QUALIFYING OFFER with the court according to FS
720.3085(6).
No matter what, if you run into financial problems and are late
with paying association fees, please do things according to the
“book.” Don’t make mistakes that will cost you even more money –
or even your HOME!
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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