Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

Florida District Court of Appeals decision (November 14, 2014).

This case involved an appeal by an absentee homeowner of a lower court’s default judgment allowing the homeowner’s HOA to foreclose its lien for unpaid maintenance assessments and sell the homeowner’s property. After unsuccessful attempts to serve the homeowner with the foreclosure complaint at the address of the subject property, the HOA sought and obtained an order allowing it to serve the homeowner by publication. When the homeowner did not respond to the complaint following service by publication, the court awarded the HOA a judgment for foreclosure and the property was sold. The homeowner then learned about the foreclosure sale that had taken place from a neighbor that periodically checked on the property for the homeowner. The neighbor discovered that the locks had been changed and all of the furnishings had been removed.