Missed HOA or Condo Association Payments? Here’s How to Navigate Foreclosure in Florida

If you’re worried about missed homeowners’ association (HOA) or condo association (COA) payments in Florida, you’re not alone. Facing foreclosure is overwhelming, but you don’t have to go through it by yourself. With 15 years of experience as a Realtor and as a Certified Distressed Property Expert (CDPE), I specialize in helping homeowners navigate their way out of foreclosure with compassion and clarity.

This article breaks down what happens when HOA or COA payments go unpaid, the foreclosure process, and what to do if you feel stuck.

Disclaimer: I’m not an attorney, and this article is not legal advice. This is intended for general informational purposes only. For personalized advice, I recommend consulting a Florida-licensed attorney. My goal is to help you better understand the process so you can take informed steps forward.

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How HOA and Condo Association Foreclosures Work in Florida

Under Florida Statute 720.3085 (for HOAs) and Florida Statute 718.116 (for condo associations), your association can place a lien on your property if you fall behind on payments. Once a lien is filed, the association can proceed to foreclosure.

Here’s the process step-by-step:

1. The HOA or COA Files a Lien
If you miss payments, late fees, or fines, the association has the right to file a lien against your property.

2. Judicial Foreclosure
If the debt remains unpaid, the HOA or COA can initiate a judicial foreclosure lawsuit, which requires court approval.

3. The Auction Process
If foreclosure is approved, the property goes to a public auction. At the auction:

• The HOA can bid using the unpaid debt as a credit bid.
• If no other bidders step forward, the association can take ownership of the property.

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What Happens If No One Buys the Property?

If your property goes to auction and no one bids, here’s what happens:

• The HOA or condo association becomes the property owner by receiving a Certificate of Title.
• Once the HOA takes ownership, they may:
  • Resell the property to recover the unpaid debt.
  • Rent it out to generate income.

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What About My Mortgage?

Many homeowners ask, “What happens to my mortgage?”

Here’s the reality: HOA or condo foreclosures do not eliminate your mortgage. If you still owe on your mortgage, the lender’s lien remains on the property. The mortgage company can initiate its own foreclosure, which takes priority over the HOA’s claim.

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Am I Still Responsible for the Debt?

Unfortunately, yes. If the auction or resale doesn’t satisfy the full debt owed, the HOA can pursue a deficiency judgment against you. Under Florida Statute 720.3085, the HOA is entitled to recover:

• Unpaid assessments
• Late fees and interest
• Legal fees and court costs

This means the association can pursue collection through wage garnishments, bank levies, or liens on other assets.

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What Should You Do if You’re Facing Foreclosure?

If you’ve missed HOA or condo payments and foreclosure is looming, here are three things you can do:

1. Open Communication
Reach out to your HOA or condo association to discuss payment options or settlements. Associations often prefer to resolve the issue without foreclosure.

2. Work with an Expert
As a Certified Distressed Property Expert (CDPE), I help homeowners explore options like loan modifications, short sales, or other foreclosure alternatives.

3. Get Legal Support
A Florida-licensed attorney can offer legal strategies and help you understand your rights.

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You’re Not Alone—Let’s Find a Solution Together

Facing foreclosure can feel overwhelming and isolating, but there are solutions, and I’m here to help. With 15 years of experience as a Realtor and specialized training as a Certified Distressed Property Expert, I’ve helped countless homeowners like you navigate these difficult situations.

Whether you’re unsure where to start, feeling overwhelmed, or just need someone to answer your questions, I’m here for you.

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Take the Next Step
If you’re ready to explore your options or simply need someone to guide you through the process, let’s connect. I promise to listen, offer support, and help you take the right steps forward.

Reach out to me today:

📍 Visit my website: www.MyRealtorErica.com
📱 Connect on Instagram: @my.realtor.erica

Remember, you don’t have to face this alone—I’m here to help.