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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 538
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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I tried to sell my Florida condo. All the condo fees were

Customer Question

I tried to sell my Florida condo. All the condo fees were paid. An attorney hired by the Board and Management Assoc filed a fraudulent Claim of Lien for over $5,000 against me which prevented the sale. I have not been able to get an attorney to take my case. What should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry for your predicament. You need to think about the following issues in defending this lawsuit:

1. Whether the Association did an Incorrect Accounting or Overstated Charges

2. whether Association failed to Follow the Assessment Lien Foreclosure Statutes

3. whether the Assessment is Not Authorized by the Governing Documents

4. was there a Misapplication of Payments

5. was there an improper Recording of the Assessment Lien

Consult an attorney with Community Association experience to protect your interests.

As far as selling your condo, this can still be accomplished, however, the lien would have to be satisfied by the proceeds of the sale.

Customer: replied 1 year ago.
Thank you. Can you recommend an attorney in the Tampa or Sarasota FL area. None of the attorneys seem willing to go against the condo assoc. and where would I find the assessment lien foreclosure statute?
Expert:  Michael Gonzalez replied 1 year ago.

I work in the Miami area so I cannot give any personal recommendation for an association attorney. I would attempt to consult with a local attorney with that type of specialization.

Expert:  Michael Gonzalez replied 1 year ago.

Please accept my answer at your earliest convenience. Thank you.