Notice Of Intent To Lien Florida: Fill & Download for Free

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PDF Editor FAQ

How do I fight my homeowner's association? They’re telling me my account is with the lawyers. I didn’t get a bill & suddenly, there’s a lawyer's letter informing me that my HOA’s foreclosing on the lien to my house for nonpayment of association fees.

There is MUCH missing from the OP question. I manage HOAs in Florida, and while I don’t know the requirements in all the states I will say that the general process is:Late notice (and possibly a second and third) and late feeAt the 30 day point (from when the assessment was due) interest assessedNotice of Intent to Lien (ITL) sent 1st class and certified/return receipt (to the property and to the official mailing address (as specified on the county tax roles)) (there is usually an admin fee assessed as well to cover preparation and mailing costs)The account is turned over to attorney for preparation and filing of the lien (and THIS is when the (attorney) fees and costs really start mounting up)Suit filed for foreclosure.So, there is no such thing as a “surprise” foreclosure.

What if the house owner refuses to pay the association subscription?

I’m going to have to assume that by “subscription” you mean assessments. Speaking for Florida, if an owner doesn’t pay assessments, special assessments, or fines then: 1) owner will receive a late notice, and usually a late fee is assessed against the owner’s account (sometimes a second late notice is sent); 2) at the end of the month that the assessment is due, interest is applied against the balance due; 3) the owner is sent a “Notice of Intent to Lien (ITL) (usually, with an additional admin fee), which is notice that the association intends to place a lien against the property for the outstanding balance of assessments, interest, and fees; 4) at this point the file is turned over to the association’s attorney to have a lien filed against the property; and, finally, 5) if it has gotten this far — suit is filed to foreclose on the lien, which means that the owner will lose the property.** Note** — in Florida, fines in a PUD (HOA) can be used as the basis for lien and foreclosure action (with restrictions); however, in condos and coops they cannot.

If your neighborhood has an HOA, and you have paid off your house (no mortgage), can they evict you or otherwise for unpaid dues?

Short answer: YES!Long answer (since I manage HOAs in Florida that’s my reference): there is no such thing as a “surprise” foreclosure. You will get at least 1 late notice (usually more); then you’ll get notice of the association’s intent to file a lien against the property; then the file will be turned over to attorney for collection, and the attorney will send you notice of collections; if, at this point, you STILL haven’t paid the arrears, the attorney will file a foreclosure action, and you will be served papers notifying you of the court date, etc.; finally, if you’ve done nothing about this, then the court can and will find for the HOA and the judgement will be for foreclosure. At this point, you no longer own the home and out you go!

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