Assessment & Foreclosure Liens
What you need to know to stop your property from being foreclosed and sold:
- Your association cannot refuse your checks. If it has been turned over to an attorney, send your assessment payment to the attorney. In accordance with state law, the payment will be applied to attorneys’ fees first, then lien fees, interest, late fees and collection costs, and assessments get paid last.
- Pay your assessments even though the above formula applies. If you continue to pay your assessments and whatever extra you can afford, the amount will not increase and the chances of a foreclosure decrease. The courts have ruled that attorneys could not in good faith bring a lawsuit to foreclose a home for miniscule amounts.
- If you have been served with a foreclosure for an assessment lien, contact an attorney immediately. Do not try to resolve this on your own. The Florida Legislature recognizes that homeowners are disadvantaged in litigating with their associations. They are at a more significant disadvantage in litigating against an attorney. Your home is at stake, and the association could foreclose and sell your home, putting you out on the street!
- If you cannot afford an attorney, contact your local bar association or the Florida Bar for a referral to their pro bono program or their low-cost or “modest means” program. Cyber Citizens For Justice, Inc. is trying to point homeowners threatened by foreclosure in the right direction.
REMEMBER: Never withhold your payment!