Florida Homeowners’ Associations Filing Foreclosure Lawsuits Against Florida Banks: Foreclosing on Banks Defaulting on Florida Community Association Fees

Posted By on December 27, 2012

Florida banks are getting sued again, and this time it’s pretty interesting.  Why?  This time, the banks are in the role of defendants in Florida foreclosure lawsuits filed in the bottle necked Florida judicial system.

That’s right: the banks are having to mount a foreclosure defense strategy.  Lenders are having to file answers and appear before a judge to argue why the foreclosure judgment should not be entered.

Perhaps they can pull some old files, and review what some Florida home owners and mortgage home loan borrowers argued in foreclosure actions that these same banks filed in the past.   Ask any Florida foreclosure defense lawyer, and he or she will be able to pull out so many war stories about different defenses asserted in Florida foreclosures.  It’s like each defense lawyer carries a full deck of cards with each card representing a different argument used against the impropriety and illegality of a past foreclosure action.

Needless to say, there’s not a lot of tears being shed over this turn of events.  As for who is filing foreclosure actions against the banks, look no further than Florida homeowners’ associations.

It’s the local condo boards, townhouse communities, and neighborhood associations that are going to court: the same associations we’ve discussed here – the community associations who are dealing with things like foreclosing on units for failure to pay association fees; or defending against assertions of selective enforcement; or who are fighting against wildcatters trying to take advantage of defaulting association members.

Florida Homeowners’ Associations Foreclosing on Banks

Banks become responsible for property the minute a judgment is entered in the foreclosure lawsuit and a certificate of title is issued transferring the property to them from the home owner.  When the home is a property governed by a Homeowners’ Association then the bank becomes responsible to that association just as any other unit owner in the association.

However, the problem is that here in Florida, many lenders are not paying the fees required by the Homeowners Association. The lenders are not coming up with the money to cover defaulted association fees (that the foreclosed-upon borrower did not pay in the past).  The banks aren’t paying their unit’s share of current expenses to the association, as well.

Budget shortages are commonplace among Florida homeowner’s associations in this bad economy, and many have already had experience in filing lawsuits against unit owners in their communities to collect money due and owing the Association.    Everyone suffers in the neighborhood or condo tower when the Association does not have sufficient funds in its accounts to do things like needed maintenance, landscaping, upkeep, garbage collection, sewage, and other expenses common to a shared community.

Which means it is not a big stretch for the Florida Homeowners’ Association to file a foreclosure lawsuit against a bank that isn’t paying up.

Larry Tolchinsky’s Tip

Here in the Hallandale Beach area, you can open the window and throw out a stone in any direction and you’ll likely hit a property that’s governed by a Florida condo or homeowner’s association (see a listing of local Hallandale Beach condo/homeowner’s associations here).   Unit owners have had several years of stressful living as units have gone into default, or distressed owners have turned their units into rentals, or association boards have done crazy things trying to keep up the premises and hold onto things like trash pickup and sewage services.

It’s been tough for condo owners and for Homeowners’ Association boards as the Florida housing economy tanked.  So, for banks and lenders who are sitting with units on their balance sheets to get hit with a foreclosure lawsuit in order to force payment of fees and expenses – well, it’s karma.

It would be nice to hope that these lenders would cull through their foreclosure properties and make sure that they’re doing the right thing as owners of these foreclosures.  Don’t count on it.   Well, maybe if the property is in a certain zip code:  there’s talk that banks are checking their properties and acting responsibly for some of them — if they are in the right part of town.

Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at info@hallandalelaw.com, or (954) 458-8655. If you have a specific situation, please call or email Larry because he can’t answer specific fact questions in general comments. He’s happy to take your call.

Comments

6 Responses to “Florida Homeowners’ Associations Filing Foreclosure Lawsuits Against Florida Banks: Foreclosing on Banks Defaulting on Florida Community Association Fees”

  1. Betty says:

    My Qestions: is it ok for your mortgage company to sell your loan to another bank? My friend was told it is again the law for bank to sell his loan they are charging him to file paper at the court it is crazy.

  2. Hi Betty,
    Banks do sell mortgages to other banks. This has been one of the big causes of the Foreclosure Fraud crisis in our country, for details please check out our free e-book, there in the sidebar, that gives all the details about Bank A selling to Bank B, etc.
    Thanks for writing, and Happy 2013!
    Larry

  3. LYLE VANKOUGHNET says:

    A question. In Florida, following “Final Judgment of Foreclosure” may a bank continually cancel scheduled auction sales dates of a foreclosed property and thus avoid ever having the property transferred to it from the home owner by means of a certificate of title? Would or could the Court order the Bank to sell the property and have a certificate of title passed to it?

  4. Hi Lyle,

    It’s surprising to me that the judge hasn’t told the bank he won’t allow the bank to cancel the sale. Most judges in Dade and Broward won’t allow that to happen, so far as I have seen. Short answer to your question, it’s legal but Florida judges want to close out these foreclosure cases.
    Thanks for writing,
    Larry

  5. Heather says:

    If an hoa forecloses on a condo and names the heloc bank in the suit (along with the owner) and the heloc bank does not respond and allows the condo to be foreclosed upon, are they entitled to any of the loan or is it extinguished? Note: the equity line was used as part of purchase of condo along with hurricane shutters.
    Appreciate your help
    Heather

  6. Hi Heather,
    I don’t want to be frustrating here and I’m hoping that I’m not going to be — but I can’t answer specific legal questions here in the blog comments out of a concern that a future reader might pull that comment and use it themselves even though they have a fact pattern which wasn’t the same, and they ended up getting hurt somehow. I’m happy to take calls (first consultations are free here at our firm) and if you’d like to chat, I’m happy to discuss this. Just don’t want to do so in a blog comment. Hope you understand and please know that I do like to help people!
    Thanks for writing,
    Larry

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