My Homeowners Association Just filed a Lien against my Home. Can they take my home !!!!

It is unbelievable but true that the Homeowners Association can not only record a lien against your home or condo, but start foreclosing on that lien, and auction your home at a foreclosure sale, evict you from your home, buy your home or condo at the foreclosure sale, then rent it and start collecting rent while not making any payment on your mortgages. You are still responsible for the mortgage even though you are no longer living in your own home, and the association owns your home.

Yes Sir, they can do it. And they get their rights from the Florida Statutes which allows them to do all kinds of stuff with your property.

Always make your association payments. Sometimes the association records a lien for $100 on your home. But once they start the foreclosure this lien amount of $100 becomes at least $4,000.  The difference is for attorneys fees, costs, title search, service of process, etc.

Association foreclosures move at lightening speed. It is not uncommon for the association to get a Final Judgment of Foreclosure and sell your home within 6 months or sometimes less. I defend Association foreclosures aggressively, but still the maximum time I have got for my Clients is about a one year and a half. Then, of course, it is time for the homeowner to either come up with a plan on the Association's term to pay back the monies owed or file a Chapter 13 bankruptcy and pay it through a Chapter 12 Plan over 60 months. Sometimes you may be able to strip the association's lien and all past due amounts owed if there is no equity in the property. Call me and I will explain to you what "stripping" means in a Chapter 13 bankruptcy.

 There are no defenses to an Association's foreclosure lawsuit. You did not pay your due. So pay up or otherwise ???. Sometimes there are defenses such as the lien is defective, the amount owed is not correct, or the association has failed to give you credit for the payments you have made. I have had a couple of association foreclosures dismissed based on defective liens. But let me warn you these are few and far. The majority of the association foreclosures cannot be defended just delayed for a while until you come up with the money or Plan B to resolve the issue.

There is another reason why I think people should pay their Association dues. The question to ask is "who is the association ??" Believe it or not...'YOU' are the association, and you elect a few people to run the day to day affairs of the association. They are the president and board members. The Association dues are use to maintain the building, grass, water, lakes, roads, etc. in your community. When you don't pay, the Association has to increase the fees for other homeowners. Then you neighbors don't like you anymore. That is why you should always pay your association dues no matter what.

Remember, a mortgage foreclosure can be defended aggressively, and I can buy you time to either get a loan modification, forbearance, etc. No matter what you will get enough time to deal with a mortgage foreclosure. But association foreclosures move at lightning speed. YES, YES, YES...THE ASSOCIATION CAN FORECLOSE AND TAKE YOUR HOME FOR NON PAYMENT.

LIFE IS SHORT. GET RID OF DEBTS !!!

Attorney Elias Leonard Dsouza concentrates his practice on Bankruptcy [Chapter 7, 13 & 11,] Foreclosure Defense, Defense of Credit Card Lawsuits, Credit Restoration, and Debt Settlement & Credit Counseling. Our office also handles complex Civil Litigation, Business & Corporate Transactions & Litigation, Employment Law, Collections, Creditor representation, Real estate transactions, Personal Injury, Family Law, Immigration, Landlord-Tenant law, Franchise Law, Tax Law and We Sue Debt Collectors under the Fair Debt Collection Practices.  

If you have questions on this Program, please call me at 954-358-5911.

MY MISSION:
I am very passionate about helping consumers protect their rights, and my goal is to compassionately and passionately help people reorganize their debts, help them keep all or most of their property, save their homes from Foreclosure, stop wage garnishments, and assist people to “get a fresh financial start”. I am available to assist and advise you on how to rebuild your credit and buy the new house or start the new business that you always wanted to. This is a small law firm, and as such, can and does provide personal service, professional representation, and follow up. If you would like to learn
more about your options, contact me as soon as possible for a FREE INITIAL CONSULTATION so
that I can assist you through these difficult times. I also offer an affordable payment plan for legal fees.

Elias Leonard Dsouza, Esq.
"The best compliment you could ever give me is a referral."
A CONSUMER RIGHTS PROTECTION LAW FIRM
LIFE IS SHORT. GET RID OF DEBTS !!!
"Life is Short. Get Rid of Debts"
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