By Jan Bergemann

Published April 20, 2018


As Eric explained in his blog on Monday, the Florida legislature made it quite complicated – and the question of: Who owes what after a foreclosure sale? .. comes up very often.


Remember: The Florida legislature protected banks – they obviously donated a lot more money to their campaign funds than community associations – by limiting their debt for unpaid maintenance fees to:

1.     The parcel’s unpaid common expenses and regular periodic or special assessments that accrued or came due during the 12 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.


If the bank takes title to the foreclosed home/unit that’s all the bank owes the community association – no matter how long the prior owner didn’t pay his/her maintenance fees.


But if a private owner buys directly at the foreclosure sale – or prior to foreclosure – the new owner is liable for all unpaid maintenance fees, special assessment, fines, legal fees, late fees and interest the unit/home occured.


With other words: Buyer beware, because the debt owed to the association can be outrageous high!


It’s important that everybody involved is fully aware of all the Ins and Outs of foreclosure debt liabilities – and rights!

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Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website:

Educational Website:

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

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