Wednesday, March 9, 2011

HOA & Condo Association Foreclosure – Keep Making Those Payments

I'm currently representing a client that is being foreclosed on by their condo association. Typically it's the bank that is the foreclosing party. These days, when the association forecloses it is uncommon for anyone other than the association to bid on the unit, as whoever purchases the unit will take title subject to the mortgage. Taking subject to the mortgage means that the bank can subsequently come in and foreclose. One reason the associations goes through this process is because by taking title they are able to rent the unit and recover some of their losses until the bank goes through with their foreclosure. So you're probably asking, who is on the hook now for past unpaid amounts due to the association? Florida law provides that a new unit owner is on the hook for all unpaid assessments that are due before title was transferred. The answer is different if the mortgagee (the bank) takes title to the unit. They are only required to pay the lesser of three amounts specified in the law. Regardless, the association can remove you for not paying maintenance and assessments, so keep up with those payments.