Special offer

Short Sales and Condo Dues: The Next Generation of Junior Liens

Reblogger Bryant Tutas
Real Estate Broker/Owner with Tutas Towne Realty, Inc and Garden Views Realty, LLC BK607690

 

I knew there was a reason I teamed up with Wendy for our upcoming "Short Sale Basics" webinar series. She's sooooooo much smarter than I am. Check it out.

 

Original content by Wendy Rulnick

Destin Condos

In Destin, Florida, and around the country, as time goes by with short sales, a new problem is growing--  unpaid condo association dues.  I currently have two short sales pending with with over $20,000 in unpaid association dues.  Short sale mortgage holders are growing weary of paying these huge back-fees to facilitate a short sale.  Sure, I've had $10,000 or $12,000 paid to satisfy associations in short sales before.  But the longer the short sale or bank action takes, the more the dues will start piling up.   Now I have Bank of America balking at paying the association dues on a $300,000 Destin short sale.  They want my seller, with no income at all, to pay a promissory note of $40,000 or cash at closing of $20,000, because of the $20,000 past due amount.  How am I tackling this problem?

Brainstorming solutions is one of my favorite parts of negotiations.  Here is what I found:

Florida Statutes, Section 718.116  states:

The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due prior to the mortgagee's acquisition of title is limited to the lesser of:

1.  The unit's unpaid common expenses and regular periodic assessments which accrued or came due during the 6 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or

2.   One percent of the original mortgage debt. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee.

 In my case, there are about two years past due in condo fees.  I have asked the association to agree to a compromise to accomodate the short sale.  Basically, if the condo goes to foreclosure, they will only be paid 6 months dues by the senior lienholder. 

If they could reduce the balance owed in any amount to allow the short sale to occur, then the association will gain by:

1.  Immediate income to fund a project already in financial need

2.  More than the minimal 6 months past due that a foreclosure action will pay them - at some later date

3.  A new owner who will certainly be paying his dues on an ongoing basis, providing immediate cash flow

By agreeing to a lesser amount to allow the short sale, that does not mean the association will not pursue the homeowner separately for the balance owed.  But a compromise can allow the short sale process to take place,both benefitting the condo project's financial position, and helping the homeowner solve his dilemma.

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Sign up for "SHORT SALE BASICS FOR REALTORS" Webinar

starting June 27 - comprehensive, practical knowledge

taught by Wendy Rulnick and Bryant Tutas

Destin FL Real Estate

Destin Short Sales & Pre Foreclosure Help.

Read Destin Real Estate Blog

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email Wendy to sell your home or buy a home: itswendy@rulnickrealty.com

Call Wendy Rulnick, Destin real estate agent, to list and sell your home or condo or help you buy a home or rental property on the Emerald Coast of Florida in Walton, Okaloosa and Santa Rosa County-  Destin, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Crestview, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.  

 This site, Wendy Rulnick or Rulnick Realty, Inc. is not providing legal or tax advice.  The information provided is for educational and informational purposes only.  It is recommended that sellers considering a short sale should consult an independent legal and tax advisor for more information.

 

 

Posted by

 

Join Our Facebook Fan Page Check Us Out On Google+ Follow Us On Twitter

 

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

 

 Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales,  Orlando Florida Short Sales, Celebration Florida Short Sales, Windermere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.

 Copyright © 2017 http://www.brokerbryant.com/ | All Rights Reserved

Comments(9)

Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

OK Hun.....here's your spot!!!

Jun 18, 2009 12:36 PM
Karen Monsour
Coldwell Banker Fort Lauderdale Beach - Fort Lauderdale, FL
REALTOR, SSRS - Sells FL Waterfront, Short Sale Expert!

Great info, thanks.

Jun 18, 2009 12:39 PM
Ryan Shaughnessy
PREA Signature Realty - www.preasignaturerealty.com - Saint Louis, MO
Broker/Attorney - Your Lafayette Square Real Estate Partner

BB - Good timely post... There is no doubt about it.  Condo fee delinquencies are up, they impact financing for the non-delinquent owners, and delinquencies are causing cash flow problems for Associations.  My only question is:  Why aren't Associations more diligent in pursuing collection before you accumulate a year's worth of condo fees arrearage?  Some owners would argue either that the Directors have breached their fiduciary duty to the paying member-owners by not pursuing collection and would argue they have Association have no authority to compromise the amount owed.  Interested in any insight you may have on these issues...

Jun 18, 2009 12:39 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Bryant,

Want to scare your client?

Buy the HOA's position, bring the 1st. up to date to stop the foreclosure and then foreclose on the thing your self!

You'd ether get the property for the funds you advanced or the bank would have to pay you back all your advances and expenses. If you buy the note at a discount you'll make a profit either way!

"There Is always more than one way!"

Bill

Jun 18, 2009 12:50 PM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

Hey, where's TLW? And where do you find this stuff? I'm always interested when I learn it, but I hate researching too much. So thanks! I'm going to print and file this. You never know when you might need something like this.

Jun 18, 2009 03:02 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

When I do my short sale intake evaluations I always go over the sellers finances with them to discover expenses and income to see if this is a short sale we will list. I tell all sellers who have Condo and HOA fees that they may not be paying their mortgage but they need to be paying their HOA fees. These are fees that get capped by the short sale lenders now just like Wendy quoted, at 6 months. That is the most that they will get. And many times the management companies are sticking to their bills and attorneys fees that accrue. Either the seller has to pay them and keep them current or they need to understand that they will be likely bringing cash to close.

But that statute is only for the first part of the new HOA statute. The HOA also may seek remedy and get a judgment against the seller even after passing title and after the short sale is completed so that is another reason they need to pay their dues. Katerina

Jun 18, 2009 04:38 PM
Neal Bloom
Brokered by eXp Realty LLC - Weston, FL
Realtor CRS-Weston FL Real Estate

BB,

I had one similar with BOA...they wanted the seller to bring it to closing or there wasn't a deal. Also people should know that just because they think going for the Deed in Lieu is a better option if they can't sell short they should know that the bank could still ask them to bring money and it could take as long for the process to close....most banks would rather let you sell short. I just had one that was sitting and I told the seller to try for the DIL and the  bank said yes and then told us to try to sell it short again. I always suggest they try to pay the fees if they can until we get a deal but if you have no money then how can they expect it?

Jun 18, 2009 11:51 PM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

On every REO condo that I have listed lately, there are always thousands of dollars in unpaid association dues.  I have 1 unit in Altamonte where the association clubhouse had to shut down and move off site into a realty office because they couldn't pay the electric and phone bills at the office.  Pretty sad.  These condo conversions have a huge problem with unpaid condo dues.  It is rampant.  Most of these cannot even obtain conventional financing anymore because Fannie Mae won't allow loans if more than a certain percentage of units have delinquent dues.  So all the units that do sell, go for super cheap all cash deals.  What a mess.

Jun 19, 2009 03:22 AM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

Bryant - As president of the commercial condo association where I have my business, I can tell you we would JUMP at an offer for immediate cash infusion and the prospect of a new owner who would start paying dues on time.  We have owners behind now, and have had to file liens.  We understood the economic circumstances and have great empathy and sympathy, but we file the liens to protect our association in the event of foreclosure. I don't know if our association would spend more dollars with an attorney to continue to pursue someone after we collected the 6-months at a foreclosure or a compromise in the event of a short sale.  I doubt it.  (Thank you for the compliment, BTW)(

Jun 19, 2009 11:30 AM