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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Exclamation Can Bankruptcy Reverse HOA Purchase of Home

    My question involves bankruptcy in the state of: Florida

    Desperately need advice before my mother ends up homeless.

    In short, she was awarded home in Florida with all debts on it to be paid off (balance of mortgage & back HOA dues) by ex-husband, so she had a home to live in free & clear as she is 60 years old and suffering from ovarian cancer. He of course hasn't paid a dime which led to her attempting to rent and/or sell the home which HOA naturally refused applications because of back balance. One thing to note is that she offered to pay them in FULL, despite it being ex's Court ordered responsibility, and they still refused.

    She has NOW just gotten notification that the home had in fact been foreclosed on & sold to the HOA back in January (with no notice to her) for 1/3 of the amount they claimed they were owed, and they have remarked that she continues to reside in the residence without their consent. She is now sick & worried to death of being evicted but has had several people suggest bankruptcy to stop things from going any further, but will that do anything with the "sale" having already transpired? I have looked up the record and the deed is in fact now in the HOA name. Is there anything that can be done to reverse this? Are there any grounds based on the fact that they prevented both numerous rentals as well as a sale which would have paid them off entirely & brought the home current? Please, I am so sick over this and would appreciate anyone's advice... Thank you in advance for considering my post.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,103

    Default Re: Can Bankruptcy Reverse HOA Purchase of Home

    If a foreclosure sale has already occurred, she needs to be looking into any possibility of redemption before the window for redemption expires. That will mean coming up with the money to redeem the property.

  3. #3
    Join Date
    Sep 2010
    Location
    Florida
    Posts
    74

    Default Re: Can Bankruptcy Reverse HOA Purchase of Home

    I believe Florida only has a 10 day redemption period. Have you tried to work out a deal with the HOA?

  4. #4
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Can Bankruptcy Reverse HOA Purchase of Home

    Thank you both for the replies.

    In the notice she received yesterday, it states that there will be no payment of any type accepted.

    This is what makes me think something fishy is up, because it's been obvious to me that they've never truly been interested in getting paid. Demanding money & turning down all the potential rentals, yet rejecting all offers of payment, even in full?? To me it seems that someone in the HOA had a change of heart & was just after the home.

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