What will happen if my HOA is attempting to foreclose to recover duesbut mylender began foreclosure proceedings?

HOA just notified us of it’s intent to foreclose. Is it possible that the HOA could remove us from the home before the lenders suit is handled?

Asked on November 4, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. There is a possibility that your homeowner's association may end up foreclosing on its lien and take title to your home for unpaid association fees and begin eviction proceedings before your lender who is in senior position begins the same process.

Everything you have written about is based upon who begins the notice of default and foreclosure proceedings first. From what you have written, the association will have to service the lender's debt load that you are responsible for if it is successful on its foreclosure for unpaid fees if it does not want to lose legal title to the property you are writing about.

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