Pamela Polani, Attorney at Law - We Can Travel To You, Providing Affordable Legal Services
RSS

Recent Posts

Please Create Your Estate Plan!!
Time to Talk Estate Planning
Graduating High School? College?
Alzheimer's is a young(er) person's disease -- so get to work!
2016 Spring Luncheon

Categories

ALZHEIMERS
DIVORCE AND ESTATE PLANNING
ESTATE PLANNING TIPS
FORECLOSURE TIPS
GRADUATING SENIORS
PROBATE
powered by

My Blog

HOA'S MAY LOSE RIGHT TO FORECLOSE ON HOMEOWNERS!

Important to Florida Homeowners and Real Estate Attorneys: Seemingly, a brief reading over FLORIDA’S NEW FORECLOSURE BILL HB 87 indicates that condominium or homeowner’s association will not be able to validly assert a cause of action for foreclosure against homeowners!  Line 90 of the bill actually reads as:
 
 702.015 Elements of complaint;
 
2) A complaint that seeks to foreclose a mortgage or other lien on residential real property, including individual units of condominiums and cooperatives…MUST:
 
(a)Contain affirmative allegations expressly made by the plaintiff at the time the proceeding is commenced that the plaintiff is the holder of the original note secured by the mortgage; or
(b) Allege with specificity the factual basis by which the plaintiff is a person entitled to enforce the note under s.107 673.3011.
 
 
Since condominium and/or HOA liens are, by their definition, “other liens” other than mortgagees,it would seem that a condominium and/or HOA CANNOT COMPLY WITH EITHER OF THE “A” OR “B”  SECTIONS, as required. According to the bill, unless the foreclosure action is initiated by the mortgagee itself, an HOA CANNOT foreclose!  

1 Comment to HOA'S MAY LOSE RIGHT TO FORECLOSE ON HOMEOWNERS!:

Comments RSS
Timberlake on Thursday, June 26, 2014 3:29 AM
I fully appreciate your site post. Your post offered me some amazing information and creativity that I was looking for to enhance my content.
Reply to comment

Add a Comment

Your Name:
Email Address: (Required)
Website:
Comment:
Make your text bigger, bold, italic and more with HTML tags. We'll show you how.
Post Comment