By Deborah Goonan, Independent American Communities
I’ve been following this story for months. Kudos to Kendra Conlon and WTSP for reporting on HOA foreclosure injustice in Florida.
There’s definitely something very wrong with our social values when we allow our legal system to take away a family’s home and 11 years’ worth of equity, all over a single forgotten HOA payment of $150.
Why is a private homeowners association allowed to foreclose on an occupied home over such a paltry sum of money?
How does an assessment debt of $150 balloon to more than $4,000? I can tell you that Rivercrest Community Association did not receive thousands of dollars after the HOA foreclosure sale. They received $150 plus late fees and interest. The bulk of the HOA lien money went to pay HOA attorney Charles Evans Glausier of Bush Ross P.A.
And a third party investor purchased a $270,000 home for less than $19,000.
At HOA auctions, Florida law does not require a minimum bid that is close to the assessed value of the property. Therefore the courts do not view inadequate sale price as a valid reason to set aside a sale.
And, as explained in a previous blog, Rivercrest Community Association does not even use its HOA fees to maintain essential infrastucture, because the Rivercrest CDD handles those functions. The HOA primarily enforces CC&Rs and architectural controls.
Because CDD payments are included on the property tax bill, the Lopezes were paying these in escrow to the mortgage lender. According to Hillsborough County records, CDD fees and property taxes are paid in full and up to date.
Family forced from home over $150 HOA fee
A $150 HOA fee from 2009 mushroomed into an eviction.
Kendra Conlon, WTSP 12:27 AM. EST February 23, 2017
A Hillsborough County judge handed down a heartbreaking decision for a Riverview family. The Lopezes are being forced from their home by foreclosure, all because of a $150 missed homeowners’ association payment.“This is my home and where I grew up. This is where God put me,” said 8-year-old Jessica Lopez through tears.
Read more (VIDEO):
http://www.wtsp.com/life/family/judge-sides-with-hoa-family-forced-from-home-over-150-fee/412935477
As a reminder, WTSP reported on other homeowners, who say that Rivercrest HOA uses aggressive tactics, and charges exorbitant fees, threatening foreclosure over small past due assessment balances – including assessments debts that were passed onto unsuspecting buyers.
See also
Riverview homeowners say HOA taking homes
http://www.wtsp.com/news/riverview-homeowners-say-hoa-taking-homes/293975211
Once again, WTSP and Florida homeowners are calling for legislative change that prevents undue harassment and shake down of property owners, and that also prohibits such cruel and unusual punishment for relatively small unpaid debts to the HOA.
No one should lose their home over an unpaid lien that is a miniscule fraction of the home’s value, unless, of course, the property owner has chosen to abandon the home in a strategic default. Clearly, this is not the case for the Lopez family.
I would add that all states should outlaw unjustified enrichment of foreclosure attorneys, as well as grossly inadequate sale prices at foreclosure sales. Both of these conditions create perverse incentives to harm homeowners in pursuit of personal financial gain.
Furthermore, defendent homeowners should be given the option of post-sale foreclosure redemption, a consideration that is common in the case of property tax sales, but virtually unheard of following HOA foreclosure sales.
Beyond Florida
Readers should be aware that, although this example is in the state of Florida, most other states have similar laws that allow HOA foreclosure for relatively small liens.
A few states have enacted statutes that require a minium level of assessment delinquency before the HOA can initiate foreclosure on the lien, and have provided a period of redemption that allows the owner to buy back their home after foreclsoure.
However, even these concessions are relatively minor, given the high value of real estate in California, and the fact that attorney’s fees and costs can significantly bloat the size of the HOA’s lien.
I would say the situation arises from lack of consumer education about HOAs, not ignorance. The industry is more than happy to keep homeowners in the dark about an HOA’s right to lien and foreclose, and the expedited process of doing so. If buyers were widely aware of the truth, and abuses of HOA power such as this, they would be relluctant to buy into HOA or Condo housing. And Florida’s laws (mirrored by many other states) set no limitations on collection costs and attorney fees. If the owner is on a paymentt plan, their payments are posted first to pay the attorney — that means it becomes difficult, if not impossible, to ever pay off the original balance of unpaid assessments. See this: http://www.tampabay.com/news/business/realestate/riverview-familys-loss-in-court-shows-how-hoa-lawyers-pile-on-fees/2314976
In short, the system is ripe for exploitation.
Situations like this arise because of the ignorance of the homeowner and the lack of professional counsel.
This is such a outrageous crime and it is a crime. You have to wonder what our lawmakers are thinking.It is in my opinion legal racketeering. So yes, I do blame our state lawmakers 100%. HOAs are not governed like cities, counties (municipal governments) which are held under constitutional constraints that public government must abide by before any forclosure process as in tax liens. No, HOAs are not under these laws. Our state lawmakers by all rights should put cap rates on these types of private corporations, and you have to ask yourself why hasn’t our lawmakers passed such cap rates. At least give these homeowners a chance to redeem themselves but not with these outrageous fees over $150/ assessment dues really. These companies, most of which are in some way connected to the management companies who runs these HOAs. It’s like a spy in the bushes watching, waiting, lurking. Do not even get me started on some of these attorneys.