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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19649
Experience:  B.A.; M.B.A.; J.D.
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An investor purchased a condo at auction. There were arrears

Customer Question

An investor purchased a condo at auction. There were arrears in the amount of $4700 owed. The investor is refusing to pay he has flipped the property and estoppel was sent to their lawyer and they are threatening to sue based on Pudlit 2 v Westwood Homeowner 720. Does our association have the right to collect arrears under 718
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Floirda
JA: Have you talked to a lawyer yet?
Customer: not yet but the collection agency used at the time had a lawyer on staff but based on Pudlit which is 720 he said they may pay under protest then sue us to get their money back
JA: Anything else you think the lawyer should know?
Customer: just that the statute 718.116 states that regardless of how title is acquired the owner is jointly responsible for the arrears. The property was listed as short sale and association didn't know it had foreclosed until investor showed up and trashed the property. The owner's rep specifically asked how much was owed in arrears.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 year ago.

Your Questions:

An investor purchased a condo at auction. There were arrears in the amount of $4700 owed. The investor is refusing to pay he has flipped the property and estoppel was sent to their lawyer and they are threatening to sue based on Pudlit 2 v Westwood Homeowner 720. Does our association have the right to collect arrears under 718

Response: Regrettably, not it does not. Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association controls.

I am sorry that I do not have better news for you.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. That’s the way that I get paid for answering questions on the site. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.