QUESTION

Can a senior with a homestead exemption who can't pay the HOA dues be legally evicted from the home with a reverse mortgage on it?

Asked on Jan 19th, 2017 on Foreclosures - Florida
More details to this question:
N/A
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2 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Well, it is a foreclosure most likely, not an eviction. Yes, a home can be foreclosed upon. More facts are needed.
Answered on Mar 17th, 2017 at 7:17 AM

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Erik Brito Espinosa
Yes, a homestead may be foreclosed by an HOA. Florida's constitution provides several exceptions to homestead protection. Voluntary liens (ex. mortgage and HOA), mechanic's liens (ex. contractors who work on the home) and tax liens (ex. county tax collector) are the general exceptions to homestead protection. Home owners associations are able to foreclose because you agreed they could when you bought the home and agreed to the comply with HOA rules and regulations.
Answered on Mar 17th, 2017 at 7:16 AM

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