What is the name of your state (only U.S. law)? Florida
Moved this here as I think it's a more appropriate category.
In short, my mother just received an envelope of papers yesterday informing her of the fact that her home had apparently been sold back in January of this year to the community HOA, and since there was no objection made within the time allowed, the certificate of title has now been transferred to the HOA. They are now filing for a Writ of Possession and requesting "forcible entry" once granted. In these papers they state that "appropriate notice" was given for all motions, hearings, and the sale, however NO NOTICE WHATSOEVER was ever made to my mother, whatsoever. Upon the advice of a family friend, we drove down to the courthouse first thing this morning to get copies of all the paperwork they claimed was noticed to her and upon reading it, I was absolutely STUNNED to find that they list ME as the person who was officially served EACH one of the documents. They go as far as stating my name, age, describing my height & weight, what clothes I was apparently wearing, as well as stating bogus conversations that I supposedly had with each server, each time! EACH is an OUTRIGHT LIE as I have never, EVER been approached or spoken to ANYONE, and I'm in utter disbelief (though I'm also not) that the HOA flat out lied in order to have their motions & the sale accepted by the Court.
My question is, what if anything can I file to object to this?? Especially having only just found this all out today! Is there some type of appeal I or she could file based on this? I am neither a party in the divorce action nor the HOA's foreclosure, but they've used me to in essence turn my own mother in, as in all the "conversations" with the servers, I allegedly gave them any and all information to validate their claims.
For reference, this home was awarded to my mother back in summer of 2010 as part of a divorce agreement, with the mortgage ordered by the Court to be paid off in full and the HOA to be brought current (both) by the ex. While he has remained current on the mortgage, he has carried a back balance with the HOA since prior to the divorce beginning in 2006 (it was a six year divorce process) and to date has failed to make any payment on it. The HOA continued however to demand payment from my mother, and seemed to pounce the moment the ex's name was removed from the deed, leaving the property solely in her name. In an effort to save the home and pay the HOA despite it not being her responsibility, she attempted to rent the home for two years in a row, but, due to the ex's back balance, she was denied by the HOA and her payment offers (even in full) were turned down. The HOA also refused to speak with her by phone or provide her with any bills/assessments/statements, claiming she was not privileged to that info since the Court ordered that to be the ex's responsibility -- all the while demanding payment from her. My gut tells me that this is just a greedy HOA who was never truly interested in being paid the small amount they're owed, but would rather take advantage of the situation and snatch a high end property that could become a perpetual source of income for them instead. We're trying to find counsel to tackle that end of it right now, but I'm more riled up that the HOA blatantly lied that they served me with all of these notices when it is 100% FALSE.
Thoughts or advice GREATLY appreciated on anything that I can do!
Moved this here as I think it's a more appropriate category.
In short, my mother just received an envelope of papers yesterday informing her of the fact that her home had apparently been sold back in January of this year to the community HOA, and since there was no objection made within the time allowed, the certificate of title has now been transferred to the HOA. They are now filing for a Writ of Possession and requesting "forcible entry" once granted. In these papers they state that "appropriate notice" was given for all motions, hearings, and the sale, however NO NOTICE WHATSOEVER was ever made to my mother, whatsoever. Upon the advice of a family friend, we drove down to the courthouse first thing this morning to get copies of all the paperwork they claimed was noticed to her and upon reading it, I was absolutely STUNNED to find that they list ME as the person who was officially served EACH one of the documents. They go as far as stating my name, age, describing my height & weight, what clothes I was apparently wearing, as well as stating bogus conversations that I supposedly had with each server, each time! EACH is an OUTRIGHT LIE as I have never, EVER been approached or spoken to ANYONE, and I'm in utter disbelief (though I'm also not) that the HOA flat out lied in order to have their motions & the sale accepted by the Court.
My question is, what if anything can I file to object to this?? Especially having only just found this all out today! Is there some type of appeal I or she could file based on this? I am neither a party in the divorce action nor the HOA's foreclosure, but they've used me to in essence turn my own mother in, as in all the "conversations" with the servers, I allegedly gave them any and all information to validate their claims.
For reference, this home was awarded to my mother back in summer of 2010 as part of a divorce agreement, with the mortgage ordered by the Court to be paid off in full and the HOA to be brought current (both) by the ex. While he has remained current on the mortgage, he has carried a back balance with the HOA since prior to the divorce beginning in 2006 (it was a six year divorce process) and to date has failed to make any payment on it. The HOA continued however to demand payment from my mother, and seemed to pounce the moment the ex's name was removed from the deed, leaving the property solely in her name. In an effort to save the home and pay the HOA despite it not being her responsibility, she attempted to rent the home for two years in a row, but, due to the ex's back balance, she was denied by the HOA and her payment offers (even in full) were turned down. The HOA also refused to speak with her by phone or provide her with any bills/assessments/statements, claiming she was not privileged to that info since the Court ordered that to be the ex's responsibility -- all the while demanding payment from her. My gut tells me that this is just a greedy HOA who was never truly interested in being paid the small amount they're owed, but would rather take advantage of the situation and snatch a high end property that could become a perpetual source of income for them instead. We're trying to find counsel to tackle that end of it right now, but I'm more riled up that the HOA blatantly lied that they served me with all of these notices when it is 100% FALSE.
Thoughts or advice GREATLY appreciated on anything that I can do!