Legal Question in Real Estate Law in Florida

My friend is currently renting a property in foreclosure. the homeowner currently owes $12k in back fees. the homeowners association sent her a letter and asked her to pay them the money she is paying the homeowner. The association came to her door tonight and said they were calling the police to have her evicted. they told her they had foreclosed on the property. Does the homeowners association have this right? she asked for paperwork and they did not have any. this is in the state of florida


Asked on 12/06/11, 5:10 pm

1 Answer from Attorneys
Richard Kaplan

Yes, an association can foreclose. No, they personally cannot do it.

They must have a court order called an Writ of Possession, which is to be posted on the property giving at least 24 hours notice to vacate. Then they can, after the 24 hours, bring in the Sheriff to remove them from the property if they haven't vacated.

Without a properly posted court order, the police won't remove you, unless there is something missing from your facts.

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Answered on 12/06/11, 6:59 pm


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