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Lien due to prior owner unpaid HOA fees

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Blong

Junior Member
What is the name of your state (only U.S. law)? Florida

I bought a foreclosure that was deep in arrears with HOA (Home Owner Association) fees. I purchased title insurance and the closing went smoothly. The contract was predicated on all liens vacated and clear title being delivered to me.

I recently received a demand for $37,000 in past HOA dues and attorney fees along with a threat of placing a lien on the property. This is from the law firm the HOA uses for collections. I now find out that the title company did not file an estopple during the closing which I was under the impression was necessary. Attorney for title company claims estopple was not needed to be filed.

Further researching Florida law, I found the maximum I can be liable for 6 months of past HOA dues (Florida statute 718.116 (1) (B) (1). Would this not a fraudulent lien being placed on my property seeing how it is a "willful exaggeration" as outlined in Florida statute 731.31 (2) (a)?

Is the title insurer liable for this since in essence I was not given clear title?
 



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