Florida  |  Real Estate Law

Legal Question

Asked on: 8/28/13, 9:13 pm

I own a townhome with which I have a mortgage with Wells Fargo. There is also a homeowner's assoc. I have not paid the assoc. or the mortgage in some time due to my deplorable financial situation. Therefore, both the bank and the assoc. have filed Lis Pendens. The assoc. has also liened the property. However, I have a contract on the home to do a "short sale," but, I recently received notice that the assoc. is seeking a summary judgment from the court. Can the assoc. foreclose on me before I have a chance to negotiate the short sale? Can they do this even though the bank is in first position?

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