Hoa Foreclosure Defense Steps

Summary

In Florida, you can file a Motion to Stay to temporarily halt HOA foreclosure. Verbal agreements can be binding if they meet contract requirements, but real estate-related agreements must be in writing. Gather evidence of any verbal agreements, such as emails or witness statements. Consider filing a motion with the court and serving all parties involved. If needed, seek pro bono legal services for assistance.

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My HOA is trying to forclose over missed payments in *. I have not been able to get a valid audit of my payments and how they were applied. They did not address a board member made and arrangement with me ,. They are trying for a summary judgement I need to file a motion to stop it and request a hearing or meeting before judge. I can't afford attorney and am trying to represent myself
Hey ****! It sounds like you're in a tough spot. In Florida, you can file a "Motion to Stay" to stop the foreclosure temporarily. Also, you can request a hearing to present your case. Ensure you have all documents related to payment and the arrangement with the board member. Would you like more information on how to file the motion?
Yes how do I file a motion
To file a motion in Florida, follow these steps:
- Obtain the appropriate motion form from the court’s website or the clerk’s office.
- Fill in your details, case number, and the specific relief you're seeking.
- Attach supporting documents, like your payment records.
- File the motion with the court clerk either in person or online.
- Serve a copy to all parties involved.
Consider contacting the court clerk for specific filing procedures in your county.
Thank you
Case Rating: *
It's great that you're taking steps to address the foreclosure issue. If you need more assistance with the process or have further questions, feel free to ask. Additionally, if you ever reconsider and need legal representation, there are often pro bono services available that might be able to assist.
In Florida is a verbal agreement binding
Case Rating: *
In Florida, verbal agreements can be legally binding if they meet the basic contract requirements: offer, acceptance, intention to create legal relations, and consideration. However, certain agreements, like real estate transactions, must be in writing to be enforceable.
Do you need more information on the enforceability of verbal agreements?
Would the verbal agreement between me and the board member be binidng
Case Rating: *
In Florida, a verbal agreement can be binding if it includes:
- Offer and acceptance
- Mutual intent to enter into a contract
- Consideration (something of value exchanged)
However, if the agreement involves real estate, it must be in writing to be enforceable. Consider gathering evidence of the agreement, like emails or witnesses.