Greatest Letter Ever: Rat Infestation Problem

[G. Gordon Gator]

You fuching hack. You cannot foreclose on someone’s homestead in the state of Florida unless you’re a mortgage holder on the property. Go ask a lawyer.

but you’ll probably keep repeating some nonsense like you always do so everyone can see how fuching stupid you are….again

Just for the record...as an undisputed matter of law...you are a Fuchsing moron.

You don't need to ask a lawyer, a simple Google search will show you that an HOA or COA can put a lien on a Homestead property in Florida for non-payment of dues, and can then foreclose on that property if the lien goes unpaid.

Or, we could ask a lawyer.

Homestead Protection Against Homeowner Association Liens

A caller said he was angry at his homeowners association because it had raised monthly dues to compensate for revenues lost from neighbors who were abandoning their home to foreclosure. He said that he owned his own home free and clear and that he wanted to stop paying his HOA dues in protest against the increased assessments. He wanted to know whether HOA could foreclose on his home to collect dues.

The caller told me he assumed that the Constitutional homestead provision protected his home from forced sale initiated by an HOA lien. I told the caller he should pay his HOA dues.

There are exceptions to Florida’s homestead protections. One of the exceptions is a consensual (voluntary) lien. A mortgage is an example of a consensual lien. When a homeowner secures the repayment of a loan by giving the lender a mortgage the homeowner has agreed by contract to waive homestead protection. If that were not the case few people in Florida could finance the purchase of their homestead. By law homeowners associations also have consensual liens on houses in their respective subdivisions. An HOA can impose a lien on your property for unpaid dues and assessments.

Although the dues and assessments may initially be small the Florida statutes provide the HOA the right to add attorneys fees incurred in the collection of unpaid amounts. Law firms working for HOAs have been known to pile on attorney fees. A relatively small assessment, with fees added, can become a significant lien on your home. If the lien is not paid, the HOA has the right to foreclose the lien just as a bank can foreclose an unpaid mortgage. I explained to the caller that his protest against the HOA dues could cause him to lose his free and clear homestead.​

...and then I said oh by the way, you could've just looked this sh*t up on Google you stupid son of a b*tch.​

 

[CDGator]

If it went that far as to sell his property, something in his picture tells me the HOA will have to remove him from his house over his dead body.

Just a hunch.

 

[URGatorBait]

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.

Sounds a lot, then, like an HOA is going to try to avoid that situation as much as possible, until it just gets so stacked up they don't have many options. Sounds like everyone loses until someone is in the property and paying.

 

[G. Gordon Gator]

Just to be sure we should probably get a second opinion from another lawyer.

Florida HOA and COA Foreclosures
If you fail to pay your HOA or COA assessments in Florida, the association can get a lien on your property and might foreclose on your home.
By Amy Loftsgordon, Attorney

When you buy a single-family home, townhome, or condominium that's part of a planned community with covenants, you'll most likely pay fees and assessments, often collectively called "assessments," to a homeowners' association (HOA) or condominium owners' association (COA).

If you fall behind in the assessments, the association will likely first try to collect the debt using traditional methods. For instance, the association will probably call you and send letters. But if those tactics don't get you to pay up, the association will probably try other ways to collect from you.

The association might take away your privileges to use the common facilities or file a lawsuit to get a money judgment against you. Most HOAs and COAs also have the power to get a lien on your property if you become delinquent in assessments.

Not only will an assessments lien cloud the title to the property, which hinders your ability to sell or refinance the home, but the property can also be foreclosed to force a sale to a new owner—even if the property has a mortgage.

More details and information...​

 

[G. Gordon Gator]

I don't want to pile on and continue embarrassing that Fuchstard @alcoholica so I'm not going to post the following third opinion courtesy of attorney Marc Brown.

Can a Homeowners Association Foreclose on My Home in Florida?

You might be shocked to learn that, yes, just like a bank, a homeowners association (HOA) can foreclose on a home. This type of action affects thousands of Florida homeowners, sometimes over minor amounts of overdue memberships dues and late fees every year. It doesn’t matter if you own your home or are still paying a mortgage on it. These organizations can and will take it from you should you fall behind on your HOA fees.

​

 

[Concrete Helmet]

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.

Listen an HOA can foreclose on a primary property...it is the law.

Now to get this back into perspective I mentioned les pendens originally because most HOA's file this as a threatening gesture and to ensure they "get in position" if someone else also files an enforceable lien and a foreclosure sale takes place....

Plain and simple.

 

[Concrete Helmet]

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.

Yes, I also operate a property management and repair business(small) and I have seen thousands of enforceable HOA liens on properties.....how many were turned into foreclosures? Only a couple that I know of. One of which we closed the sale on from the Association that bought it in foreclosure and sold it to an attorney who was on the board.
Hard to believe this for you but I actually know about sh!t that works....unlike the vaccine which doesn't work.

 

[Concrete Helmet]

Crete is correct.

It must too painful.....

 

[Concrete Helmet]

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

Just mow your grass and do a better job of concealing the meth lab you run in the back and your Dad won't lose his house anytime soon....

 

[pilot-in-fla]

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

That's above my pay grade.

 

[URGatorBait]

Just mow your grass and do a better job of concealing the meth lab you run in the back and your Dad won't lose his house anytime soon....

Tell your wife to stop calling me. I'm not paying her for last night

 

[Concrete Helmet]

That's above my pay grade.

Said the vaccine when confronted by the new common cold(covid)....now go back to your thread....

 

[pilot-in-fla]

Yes, I also operate a property management and repair business(small) and I have seen thousands of enforceable HOA liens on properties.....how many were turned into foreclosures? Only a couple that I know of. One of which we closed the sale on from the Association that bought it in foreclosure and sold it to an attorney who was on the board.
Hard to believe this for you but I actually know about sh!t that works....unlike the vaccine which doesn't work.

Well, I have loads of credentials in the real estate business yet know what my limits are. As regards medical questions, I can do some of my own research but rely on my personal doctor and other experts - unlike you, I don't consider social media to be good sources of medical information.

 

[pilot-in-fla]

Said the vaccine when confronted by the new common cold(covid)....now go back to your thread....

Obsessing again?

 

[alcoholica]

You fuchers don’t even know the difference between an FC action, filing a lien or the difference between a lien and a voluntary lien. I’m the idiot tho, because I’m arguing with the vax queen, the village idiot and the jerkwad that drove his mother to suicide.

 

[Concrete Helmet]

I don't consider social media to be good sources of medical information.

You must consider this site to be social media because it's the closest thing that I do. No Twitter, no Fakebook, no Instagram....nothing...nice try though.

 

[Concrete Helmet]

I see someone needs their tampon changed....must suck to be wrong. Now go stick to things you know about like booze and porn....

 

[Concrete Helmet]

For anyone who cares about how and why HOA's can in fact foreclose on property homestead or not here is all you need to remember without knowing legal verbiage....

When you sign the deed on a property you are acknowledging the CC&R's and assessments that are with that property.....they don't stop from owner to owner....they move with the land and you are agreeing to be bound by them.

 

[G. Gordon Gator]

You fuchers don’t even know the difference between an FC action, filing a lien or the difference between a lien and a voluntary lien. I’m the idiot tho, because I’m arguing with the vax queen, the village idiot and the jerkwad that drove his mother to suicide.

Are you Fuchsing serious you retard?? You still don't believe an HOA can foreclose on a homestead property in Florida?? How many times does it have to be spelled out for you?

A lien filed by an HOA is considered a consensual lien! So it is not subject to homestead protection, the same as a mortgage lien! Even if you didn't consent to that particular HOA lien per se, you consented to the HOA's authority to impose one by moving in there. That's the law.

So an HOA or COA can put a lien on your property, homestead or not, and can enforce it through foreclosure if you don't pay up. FACT.

This isn't an argument, it's just you being wrong on something anyone can easily find the answer to with a two-second internet search.

Search: "Can HOAs foreclose on homestead properties in Florida"

 

[G. Gordon Gator]

If this degenerate dipsh*t comes back with this nonsense one more time, it'll be obvious what's going on.

He misses his one and only friend Donkers and wants Ox to reunite them in the great beyond.