My family has a condo in a community that has two associations, one for the overall community and one for the condo subdivision we live in. My mother fell behind on payments a few years ago. We moved in three years ago to help out with the mortgage while my mother worked on getting up to date on association dues. We are now caught up on mortgage and community association but still paying off condo association. My mother has a repayment plan of $800 per a month with condo association and recently came into hardship and fell behind two payments. She recently made a new payment of $800 and I received a letter saying that they received her payment but she needs to pay 4,440 by the 10th or they would proceed with lien foreclosure and eviction. It is just feeling impossible that this is ever going to be paid off. Currently she owes more on interest, late fees, and attorney fees then the actual association fees.
I would like some advice for my mother as owner and also myself as renter. Being that the 10th is Monday and strongly doubt she will be able to come up with $4,400 by then. Does she have any options at all in making a new repayment plan? Is it even worth it at this point?
As a "renter", say they do proceed with eviction will we really only have 3 days to vacate? Are we really considered a renter, when we are in are family condo? I'm sorry I am all over the place just scared we are going to end up in the streets with no time to find a new place.
Disclaimer: I am not an attorney and I am not giving legal advice. Everything below is my un-schooled, laymen term / opinion only.
What you need is legal advice. I would try to meet with the HOA attorney on Monday and attempt to delay their filing. You should have legal representation with you if possible.
As a former HOA board member, I can say that the HOA board has a responsibility for the community. Once things get to an attorney, the attorney acts on what the board says. A lot of times the board is bound by declarations and/or resolutions and will be required to 'follow the process'.
I am not an attorney or pretend to know all areas of this kind of law. What I am is a person who has been under very simiular circumstances. If your mother were to file an emergency bankruptcy petition, (sometimes called a skeleton filing) its only three forms and doesn't require any money at the time to file. She could put down the hoa who's threateng her with the proceedings and once filed it stops all liens foreclosure repossesions, EVERY ACTIONS CREDITORS USE TO TAKE BACK PROPERTY IS STOPPED dead in its tracks right then and there for at least the time being. This will buy her the one thing she doesn't have and that's time. If the debt is cleared in bankruptcy then they have no lien on the property as I understand it and with no lien they have no right to take her home.(dirty rat [email protected]%#*d.) Your mother would have a time limit to complete the filing something like 20 days, now she could chose to go threw with the bankruptcy or not complete the filing and then the hoa could proceed, however with the threat of losing the only real hold they have on her home they maybe willing to be a little more human and take her payments no matter how late. It at least would give her a little breathing room and a chance for her to examine her situation with out having a gun to her head. I hope this helps.
@Michelle Torres Is there any equity in the unit? If you sold it today, would your mother walk away with some money?
You should also explore options relating to the Florida Homestead exemption:
A BK will Not remove the debt from the property. The association can not evict you, they don't own it yet and wouldn't possibly own it until the auction at the end of a foreclosure proceeding, except for: they Can demand from you the renter that all rent payments be paid to them and if you don't, then they could evict you as per FL statutes.
The following is not legal advice. If you've got money, search Yelp for a real estate attorney, get a free consultation. As a former HOA president for seven years I can tell you the board doesn't want your mom's house, they want the dues paid. Late fees can be negotiated away if the principle can be paid. Your mother can ask for hearing before the board, they must grant a hearing. Your mother can have you or an attorney present.
As a renter your not going to get traction with them. Get the president, VP or property management company to help you reduce the balance and extend a payment plan.
Just remember if your mother signs a payment plan the board can hold her to it. The HOA doesn't want to take possession of the property, else they would be still be out dues.
In a similar situation a member was behind six months on her mortgage and her dues. She ended up refinancing just before we almost put a lien on her unit. I gave her a heads up and she was able to cough up the balance minus the fees. Surprise surprise. Good luck.
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