Florida HOA Safe Harbor with Multiple Associations after FC

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Florida HOA Safe Harbor with Multiple Associations after FC

Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes

So I figured I would share this with everyone see if anyone has any experience with this and provide insight:

Backstory, foreclosed on a condo in florida which the original mortgage was only $31k. HOA fees are $350/month but there are 3 HOA's. I asked my attorney (who did not file a motion to determine amounts how much I ow) and he was completely clueless to what the answer was (no surprise honestly).

Anyone @wayne brooks have any comment

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Roman M.
Investor · Miami Beach, FL · Member since 2016 · 486 posts · 216 votes
7y

Its 1% if assoc was named and lis pendens was recorded. I had foreclosed one unit that had $17k condo lien and paid 1% ater FC. Assoc did not want to accept but we filed a motion to determine and judge ordered that assoc is owed 1%. Lien was wiped out by an order. 

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  • Gary Headrick
    St. Marys, GA · Member since 2016 · 154 posts · 74 votes
    7y

    Fl. Statute 720.3085 (c)(2),

    Short version - 1% of mortgage amt. Just had to do one myself.

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  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    @Chris Seveney Well, the safe harbor limits the lender to owing the 1% of the original mtg or 12 mo.s (I think 6 mo.s for condos) of dues, whichever is less, which I assume you know.

    I have no experience on the safe harbor with multiple hoa’s but my assumption would be you’d owe the $310 to each one, as they are separate entities.

    As an aside,  not that I do actual foreclosures of course, I have never noticed a motion for determination of required hoa fees.  Again, my assumption is it’s not necessary since it is spelled out in the statute.

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  • Chris SeveneyBusiness Member
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    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    7y

    Thanks

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  • Roman M.
    Investor · Miami Beach, FL · Member since 2016 · 486 posts · 216 votes
    7y

    Its 1% if assoc was named and lis pendens was recorded. I had foreclosed one unit that had $17k condo lien and paid 1% ater FC. Assoc did not want to accept but we filed a motion to determine and judge ordered that assoc is owed 1%. Lien was wiped out by an order. 

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  • Chris SeveneyBusiness Member
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    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    7y

    @Roman M. How many HOA's were there?

    Question on this is what to do with multiple HOA's

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