~Community Association Law
  ~ TIMESHARE~Appellate Practice~

     JC Fuller, PA    AV Rated
                             Florida Supreme Court Certified Arbitrator

INTENT TO LIEN (ITL):  Letter required to be sent to a property owner before the LIEN can be recorded against a property.

LIEN:  A document recorded in the public records of the location where a subject property is located.  This document secures all past due assessments, collection costs, fees, interest, and any other legal amount due as to a property in a Community Association (Condo or HOA).    If a LIEN is improperly recorded, it will CLOUD TITLE as to that property and the Association can be legally responsible for any damages caused by the improper lien.

CLOUDED TITLE:  When a bad lien or other improper document is filed in the public records as to a certain property, it acts as a "cloud" on the chain of title or ownership.  All such "clouds" must be cleared before title insurance can be issued and before clear title can be conveyed to a buyer.  Damages for a Cloud on a Title can be recovered in court.

INTENT TO FORECLOSE (ITF):  Letter required to be sent to a property owner before the LIEN FORECLOSURE can be initiated.

LIEN FORECLOSURE:  A lawsuit to foreclose on a lien recorded against a property for past due assessments, fees, costs, and other amount due to the ASSOCIATION by law.

MORTGAGE FORECLOSURE:  A lawsuit to foreclose on a mortgage recorded against a property for money secured by the property which is due to the LENDER or BANK by law.

PLAINTIFF:  Person or entity suing.

DEFENDANT: Person or entity being sued.

SERVICE OF PROCESS (SOP):  A legal method to provide copies of the initial lawsuit to all parties, and a method to provide copies of everything filed in the lawsuit to all parties.

DEFAULT:  When a party loses the right to participate in the lawsuit because he or she has not filed anything with the court.

TRIAL DATE:  The date established by the judge to hear the trial of a lien or mortgage foreclosure lawsuit, and where  the judge issues an ORDER and sets a JUDICIAL SALE DATE.

JUDICIAL SALE:  Where the property is sold "on the courthouse steps" so to speak (a designated place in the courthouse or online depending on the county).

JUDICIAL SALE DATE:  The date of the sale, established by the judge at the lien foreclosure or mortgage foreclosure trial and written into the Order.

BIDDERS:  Those who bid on the property at the JUDICIAL SALE.

THIRD PARTY BIDDER:  A bidder who is not the Association and who is not the Bank or Plaintiff.

TITLE:  Ownership.

TAKE TITLE:  Take Ownership.

CERTIFICATE OF SALE (COS):  Issued by the Clerk at the judicial sale. The homeowner has 10 days to "redeem" the property by paying all amounts due otherwise a Certificate of Title will issue to the highest bidder and ownership of the property will transfer.

CERTIFICATE OF TITLE (COT):  Certificate of Title issued by the Clerk of Court 10 days following the Sale to the highest bidder at the judicial sale.

TITLE SUBJECT TO THE FIRST MORTGAGE:  One owns a property subject to a first mortgage that can be foreclosed.  Thus the owner who takes title subject to a mortgage, is in jeopardy of losing the property to the LENDER in a mortgage foreclosure sale if the mortgage is not paid or satisfied.

RENT INTERCEPT:  A property whose owner is delinquent in the payment of any monetary obligation to an association, is subject to a Rent Intercept letter.  If a tenant in such a property receives a Rent Intercept letter the tenant must pay the rent to the association as instructed in the letter, or the tenant could face eviction.  If the tenant who receives the Rent Intercept letter pays the association the rent, the tenant cannot be legally evicted by the property owner for nonpayment of those amounts.

The contents of this website are for educational purposes and do not constitute legal advice. Please seek the advice of a lawyer.

Contact Us