Greatest Letter Ever: Rat Infestation Problem

[Concrete Helmet]

right on cue, you don't even know what a fuching foreclosure is. And here's an article about Florida's Homestead Law...from your source....ya fuching twatwaffle

Florida Homestead Law, Protection, and Exemption | Alper Law

Put the bottle down......I do this 10-15 times day....

 

[alcoholica]

Put the bottle down......I do this 10-15 times day....

prove you're a jagoff, I believe you

 

[alcoholica]

Put the bottle down......I do this 10-15 times day....

Just to clarify, 10-15 times a day, you engage an attorney to file papers with the court, so you can begin the process of forcing the sale of someone's primary residence. Sh!t dude, you're busier than a bank. Or you're a complete asshat that doesn't know what he's talking about.

 

[Concrete Helmet]

Just to clarify, 10-15 times a day, you engage an attorney to file papers with the court, so you can begin the process of forcing the sale of someone's primary residence. Sh!t dude, you're busier than a bank. Or you're a complete asshat that doesn't know what he's talking about.

No I review 10-15 title searches a day and have seen and heard of HOA's and COA's foreclosing on property. I have also seen thousands of times where liens from associations are placed on homestead properties and as long as they re record that lien it stays with the property(cloud on title)preventing it's sale or refinancing.....You're are mistaken if you think HOA's cannot foreclose. The reason they don't in fact more times than not is because they are not in a first position. That does not in fact mean they cannot. In fact here you go

The constitutional provision at issue can be found in Fla. Const. art. X, §4, which provides in pertinent part:
“(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by the nature person: (1) a homestead…;”



When you agree to purchase the property you are agreeing to the CC&R's of the deed restrictions for that property.

 

[URGatorBait]

This thread has gotten interesting

 

[Theologator]

No I review 10-15 title searches a day and have seen and heard of HOA's and COA's foreclosing on property. I have also seen thousands of times where liens from associations are placed on homestead properties and as long as they re record that lien it stays with the property(cloud on title)preventing it's sale or refinancing.....You're are mistaken if you think HOA's cannot foreclose. The reason they don't in fact more times than not is because they are not in a first position. That does not in fact mean they cannot. In fact here you go

The constitutional provision at issue can be found in Fla. Const. art. X, §4, which provides in pertinent part:
“(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by the nature person: (1) a homestead…;”



When you agree to purchase the property you are agreeing to the CC&R's of the deed restrictions for that property.

When I was president of an HOA, we filed or threatened to file liens on non-responsive properties. I don’t recall forcing a sale was an option. We had a couple of derelict properties which thankfully sold eventually.

The big issue we handled was renewing our covenants, which expire after 30 years. That required securing votes of 2/3rds of the owners and a laborious application to the state, which was I think a one-guy section. It’s a snap if you renew regularly, so never let them expire. We started sending a renewal letter annually knowing that otherwise people would forget.

 

[pilot-in-fla]

No I review 10-15 title searches a day and have seen and heard of HOA's and COA's foreclosing on property. I have also seen thousands of times where liens from associations are placed on homestead properties and as long as they re record that lien it stays with the property(cloud on title)preventing it's sale or refinancing.....You're are mistaken if you think HOA's cannot foreclose. The reason they don't in fact more times than not is because they are not in a first position. That does not in fact mean they cannot. In fact here you go

The constitutional provision at issue can be found in Fla. Const. art. X, §4, which provides in pertinent part:
“(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by the nature person: (1) a homestead…;”



When you agree to purchase the property you are agreeing to the CC&R's of the deed restrictions for that property.

So, in addition to your work as a pest control product applicator and your extensive regular contacts with orderlies and parking lot attendants at numerous hospitals who provide you with more accurate vital statistics than are reported to the state, you also have time to work as a title insurance reviewer and have personally discovered "thousands" of liens placed by associations on homestead property.

 

[bradgator2]

HOA has foreclosed on 2 properties in here due to no payment of dues. One was a vacant lot and the other was an abandoned house after a spouse death. So obviously neither was a primary residence. HOA is the back of the line though. I think both cases owed $10,000….. and we got $1000 in each.

We started going down this lein/foreclosure process with the unabomber in the original story because he stopped paying his dues. Unfortunately for him, he had to pay them to get out of jail.

Now had it kept going, it was explained to me by our property manager is the lein/foreclosure would only sit there on his title. We’d only “collect” when he sold his house. I have no clue about the accuracy of that.

 

[URGatorBait]

Now had it kept going, it was explained to me by our property manager is the lein/foreclosure would only sit there on his title. We’d only “collect” when he sold his house. I have no clue about the accuracy of that.

I think that's how most understand it to work. Wouldn't collect until property owner sells. Not that you can force a sale, but you can certainly make it so uncomfortable they eventually choose to sell.
Crete, appears to be stating differently that a sale can be forced. I have no idea.

 

[AugustaGator]

I think that's how most understand it to work. Wouldn't collect until property owner sells. Not that you can force a sale, but you can certainly make it so uncomfortable they eventually choose to sell.
Crete, appears to be stating differently that a sale can be forced. I have no idea.

He’s probably referring to property owned by corps or other entities.

 

[bradgator2]

I think that's how most understand it to work. Wouldn't collect until property owner sells. Not that you can force a sale, but you can certainly make it so uncomfortable they eventually choose to sell.
Crete, appears to be stating differently that a sale can be forced. I have no idea.

That’s also how it worked on the vacant lot and empty house: we just had to wait until it eventually sold

 

[URGatorBait]

That’s also how it worked on the vacant lot and empty house: we just had to wait until it eventually sold

I guess we'll need to get in touch with crete's wife to get the real info

 

[alcoholica]

No I review 10-15 title searches a day and have seen and heard of HOA's and COA's foreclosing on property. I have also seen thousands of times where liens from associations are placed on homestead properties and as long as they re record that lien it stays with the property(cloud on title)preventing it's sale or refinancing.....You're are mistaken if you think HOA's cannot foreclose. The reason they don't in fact more times than not is because they are not in a first position. That does not in fact mean they cannot. In fact here you go

The constitutional provision at issue can be found in Fla. Const. art. X, §4, which provides in pertinent part:
“(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by the nature person: (1) a homestead…;”



When you agree to purchase the property you are agreeing to the CC&R's of the deed restrictions for that property.

You're like a 500 lb dude trying to wipe his ass.....a failure

 

[oxrageous]

Yawn. Annoying. @Concrete Helmet and @alcoholica, if you say one more thing to each other or about each other in this thread you're getting vacations. Take it to PM's if you want to continue.

 

[alcoholica]

I think that's how most understand it to work. Wouldn't collect until property owner sells. Not that you can force a sale, but you can certainly make it so uncomfortable they eventually choose to sell.
Crete, appears to be stating differently that a sale can be forced. I have no idea.

i think you can foreclose on a non-primary residence, but is someone going to pay $5k or more to do it. You'd have to have some serious fines to take that position.

Just think about the pissing matches that can occur. And if an HOA is acting like a bunch of peckerwoods, you may end up with a sympathetic judge. We had a lady and her husband go through bankruptcy and represent themselves. They obviously had off the record help, but the judge would inform them of their filing errors and give them another six months to fix, rinse, wash and repeat. Took over two years to get to a point where we could actually file a relief from/or stay. So a $5k filing could double or triple. And just because bylaws may say that the loser has to pay, doesn't mean a judge has to grant it.

Actually surprised Brad's HOA didn't file suit, looks like a peckerwood neighborhood.

 

[alcoholica]

Yawn. Annoying. @Concrete Helmet and @alcoholica, if you say one more thing to each other or about each other in this thread you're getting vacations. Take it to PM's if you want to continue.

 

[Pablos Tunnel]

prove you're a jagoff, I believe you

“Jagoff”

you must be a Yinzer

 

[pilot-in-fla]

Crete is correct. An HOA or condo association can foreclose and sell a property for unpaid assessments. It makes no difference as to whether or not it is homestead property because the obligation to pay the HOA fees is based on when the enabling documents were recorded which is prior to a property being specified as a homestead.

If such a foreclosed property has a first mortgage, that would still be in effect and still owed by the original owner.

If the sale of the foreclosed property does not raise a sufficient amount of funds, it is possible to obtain a deficiency judgment if the rules allowing that were followed.

Finally, any legal or other fees would be added to the balance owed.

 

[URGatorBait]

Crete is correct. An HOA or condo association can foreclose and sell a property for unpaid assessments. It makes no difference as to whether or not it is homestead property because the obligation to pay the HOA fees is based on when the enabling documents were recorded which is prior to a property being specified as a homestead.

If such a foreclosed property has a first mortgage, that would still be in effect and still owed by the original owner.

If the sale of the foreclosed property does not raise a sufficient amount of funds, it is possible to obtain a deficiency judgment if the rules allowing that were followed.

Finally, any legal or other fees would be added to the balance owed.

and an HOA has this ability after how much time (that something is owed), and/or how much in unpaid assessments?

 

[oxrageous]

and an HOA has this ability after how much time (that something is owed), and/or how much in unpaid assessments?

I believe it's up to the HOA. Usually after 90 days the account is turned over the attorney, and legal fees (which the HOA has to pay up front) start being added to the account.

In my experience, it was at least two years (after liens) that the HOA started foreclosure action. If there's a delinquent mortgage too, the bank will take over and foreclose themselves. Then the HOA will get a small slice after the home is sold, usually less than the original homeowner owed in back assessments. Often the HOA is out thousands in legal fees and unpaid assessments after the process is complete. However, usually they are just happy to get a new owner in there that's going to pay.

An HOA can also get the right to rent the property while this is going on, and keep the rent money. However, they hate being landlords and try to avoid this.