Florida Homeowners Rights
Florida homeowners' rights include specific stipulations with regard to homeowners' associations and the legal proceedings of foreclosure. Actions of homeowners' associations are limited by law to protect Florida homeowners from invasive actions and from being told how to use their property. Florida foreclosure protection is also provided within the law to give each homeowner a chance to keep a home and the belongings within if the mortgage is in distress.
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Rights Involving Homeowners' Associations
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Florida homeowners' rights prevent members of an association from dictating how an owner arranges home financing, decorates the home or uses the property. The homeowner has the exclusive right to occupy and make legal use of the property without any intrusions from an association member, including designated maintenance workers. Homeowners also have the right to participate in homeowners' association proceedings, vote on board members, vote on spending and review the honesty and actions of the association.
Preventing Foreclosure
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Florida foreclosure protection laws give homeowners the right to stop foreclosure proceedings by paying the amount due on the loan at any time before the sale of the house at auction. A mortgage lender cannot deny the homeowner the privilege of paying the past due balance and remaining in the home despite the progress of foreclosure actions leading up to the sale of the home. The state hopes to prevent as many foreclosures as possible.
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Claiming Foreclosure Surplus
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Contact the county clerk of courts after your home sells at a foreclosure auction to find out if there are surplus proceeds. The lender may sell a foreclosed property for more than the mortgage balance and back payments due. In that case, Florida law states that the homeowner is entitled to the surplus funds after any and all liens on the property are satisfied. File your claim on the funds for a small court fee.
Securing Belongings in a Foreclosure
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The owner of a home that is under foreclosure has the right to remove personal belongings from the home at any time leading up to the sale of the property at auction. The homeowner is also entitled to recover personal property immediately after the sale and after paying any due amount in a foreclosure judgment. This law is designed to protect Florida homeowners from losing all personal possessions in the course of losing a home.
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References
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