HOA foreclosure question in FL

5 Replies

Hello everyone-

I am looking at the FL foreclosure sheriff sales and find a lot that are really the HOA foreclosing on the property. I have researched this topic on BP and understand the tactic that I am reading (people are buying to rent out until mortgage forecloses.) However, my questions are: (1) what if the condo owner is paying their mortgage, just not the maintenance fees? Or (2) if they bought the property with cash? Then there will never be a mortgage foreclosure to begin with.

Is it really that "simple" as filing an eviction notice so they can vacate the property? And do you even have the right if they are paying their mortgage?

I am watching a sheriff sale for 4K on a property which was sold for $50K about 10 years ago. The value in the building is now between 185-250k. [I am not sure if they have a mortgage or not but lets assume they did..] If you can take over the property somehow (for 4K plus legal costs to evict), I imagine you cant just assume the low mortgage payments since its not under your name right? 

I really appreciate your comments!


I would be careful on this end of the game, most banks are not behind in their foreclosures like they were years ago. 

We worked with many HOA's managing the homes that they foreclosed on because of falling behind in dues, and rented them out so they could get back their money and make them whole. I know it may sound good, but should probably move on...

Yes, you do have the right to evict them. Legally they have lost the right to remain there. You can be foreclosed on for HOA dues, mortgage, or taxes.

You cannot evict the prior owner because you have no lease. You can only evict a tenant. You have to eject the prior owner through an ejectment action. This is a full civil case thay does not allow for the summary proceedings that an eviction does. It is more time consuming and not something one should handle without a lawyer.

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