Forclosure for not paying dues

undefinedWhat is the name of your state?Florida

I am a board member of a townhouse HOA. We have an owner that has refused, for months, to pay the monthly maint. fee. We have taken leins on his place, but what is involved in forclosure? Do we have to pay off the lender first, or what?

Fliguy said:

undefinedWhat is the name of your state?Florida

I am a board member of a townhouse HOA. We have an owner that has refused, for months, to pay the monthly maint. fee. We have taken leins on his place, but what is involved in forclosure? Do we have to pay off the lender first, or what?

Click to expand...

**A; what the heck are you people waitng for? The HOA needs to file an attorney to verify the liens and foreclose on the property.

HomeGuru said:

...The HOA needs to file an attorney to verify the liens and foreclose on the property....

Click to expand...

HG, have you ever tried to file an attorney? A lot times they resist and it really messes up a filing cabinet.

seniorjudge said:

HG, have you ever tried to file an attorney? A lot times they resist and it really messes up a filing cabinet.

Click to expand...

**A: a filing cabinet is not the proper venue. To file an attorney, one needs a casket and a headstone marked RIP.

HomeGuru said:

**A: a filing cabinet is not the proper venue. To file an attorney, one needs a casket and a headstone marked RIP.

Click to expand...

I represented a mortician's group once but the file is buried somewhere. I think it had something to with the day after Christmas...Boxing Day.

Who's barking? This is my first reply. With all due respect, all I was asking for was, in laymans terms, just what is involved to forclose on a property that we have a lien on that also has a mortgage? Anyone that knows, please answer. (no "barking" please)

Fliguy said:

Who's barking? This is my first reply. With all due respect, all I was asking for was, in laymans terms, just what is involved to forclose on a property that we have a lien on that also has a mortgage? Anyone that knows, please answer. (no "barking" please)

Click to expand...

**A: did you read my first response?

Hg...

please re-read your first response. I was confused.

Poster, you weren't the one being barked at, HomeGuru was..

Poster...

Do your Bylaws and Rules & Regs say you can foreclose on a property for non-payment of maintenance fees? This is the first time I've heard of this.

Fliguy said:

undefinedWhat is the name of your state?Florida

I am a board member of a townhouse HOA. We have an owner that has refused, for months, to pay the monthly maint. fee. We have taken leins on his place, but what is involved in forclosure? Do we have to pay off the lender first, or what?

Click to expand...

The general rule is that your lien will wipe out all those who are junior to your lien.

If you foreclose and there is a mortgage on the property that was put on there before your lien, you will get the land with the lien still on it.

Check with a real estate lawyer. Foreclosures are not do it yourself projects.

seniorjudge said:

Check with a real estate lawyer. Foreclosures are not do it yourself projects.

Click to expand...

**A: and a root canal and open heart surgery too.