If my HOA has filed for a default motion in a foreclosure case to quickly take my home, what can I do to stop them?

A default motion normally means that a party has not responded to the complaint. You need to retain an attorney immediately unless you do not care if they take the property and assess fees. If you cannot find an attorney in that short of time you need to file something to avoid default. Truely anything is better than doing nothing. Your claims against them will not impact the foreclosure action, especially if you have yet filed it.

Is your case in Small Claims division of County Court or is it in Count Court seeking between $5000 and $15,000? Read your pleadings to figure this out. Your approach is different in each case: Small Claims is a "show up" deal, and you should show up at the place and time appointed. Allow yourself plenty of commute, "get lost", and parking time because if you come in late you might be out of luck. Tell the judge (1) that you have defenses and counter-claims and (2) you are looking for a lawyer. Ask for at least 30 days to do all this. They usually will allow it when you do have issues. "Big Court" requires a written pleading. Mimic the style at the top of the complaint down to the word "Complaint" or "Claim" or "Petition" or "Statement of Claims". Just as you would in a business letter tell the court you need an extension of time of not less than 30 days, but preferably 60 to engage counsel. Be candid and honest, but don't say you can't afford a lawyer because there is nothing the court can do for you in this matter. Sign it at the bottom with your address and provide a certificate of service to the other side. It is not required to be sent Certified Mail, but if you want to spring for the bucks, do it. A template for the certificate is found at http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CDkQFjAF&url=http%3A%2F%2Fwww.flcourts.org%2Fcore%2Ffileparse.php%2F293%2Furlt%2F914.pdf&ei=rrxsU9emNrCI8QHN74CQBQ&usg=AFQjCNEVIQkYjRfkBzMkdSw91xQ_5Bn-Bw&sig2=b-pUvx3RJcjC2ZuM3fGiPQ&bvm=bv.66330100,d.b2U. Carry it to the clerk's office--a branch will do. Take a copy and ask them to time stamp it for you. Go see a lawyer that specializes in HOA issues. Check with the Palm Beach County Bar Association's Service for a recommendation. http://www.palmbeachbar.org/lawyer-referral-service/ People who list with lawyer's referral will usually allow a free first-time appointment or one at reduced fee as a condition of being on the list. Make sure the lawyer is not the one on the pleadings. Florida law allows "claw-back" attorney's fees when the suing party has the right to attempt to recover fees and costs. So your case is "fee generating" in all likelihood. Good Luck

You are way over your head and there is no one size fits all motion. The safest course is to immediately retain an attorney who will know how to respond properly, or to file bankruptcy BEFORE the hearing which. If done and noticed correctly, will stop the hearing. It is still possible to find an attorney today who can help you.

I agree with Mr. Dennis. The claim you have probably is not a defense to the foreclosure. The reason for this is myriad, but essentially either the claim you have occurred AFTER the lien for the foreclosure of the home or your failure to bring it to the attention of the association until now is a waiver. In any event the issue of your claim likely would only reduce the amount of the sums you have not paid to the association - thus you still are delinquent and you are arguing only over the amount, not the entitlement to the foreclosure. You don't need templates - you need an attorney immediately to get something filed for you. Alternatively you need to file "some response" before the hearing on your default. If the hearing you are referring to is a hearing for a "default final judgment", then you filing something will not delay the matter as that is too late. Your only hope would be to find an attorney to get involved and file some pleading to convince the judge that you as a pro se litigant screwed up and there may in fact be some defenses or issues of fact that must be reviewed by the court, and therefore granting the final judgment at this hearing would not be appropriate.

Unfortunately this is not the proper forum for providing you with templates for motions. We could run into problems with our state bar association for a number of reasons, as there is no one size fits all motion that will help you. That said, you need to consult with an attorney in person today as there are many different factors in play and we cannot glean all the facts from your question as posed. The attorney will evaluate your specific situation and determine the best course of action for you.

You can hire an attorney to stop the sale and buy time to negotiate or short sale. Speak to an attorney ASAP

There is no defense to non-payment of assessments. The law states you cannot withhold assessments, even if the HOA is not properly using the assessments to pay expenses. The only time you have a defense is when you actually did pay the assessments and there is an accounting mistake somewhere. Filing a motion two days before a hearing is usually not allowed because you have to give the other party notice, unless it truly is an emergency. Not hiring a lawyer right away doesn't create an emergency. You are being defaulted because you didn't respond in the 20 days to the complaint as required. You should consider a Chapter 13 bankruptcy to save your home. You will need to file bankruptcy before the sale date.

First off, at the minimum, you should definitely appear at the hearing, indicating to the court your willingness to defend yourself in this action. I realize that you are trying to save money (hopefully to get your HOA in good standing again), but most foreclosure attorneys would be willing to provide you a free or low-cost consultation to discuss the merits of your case. I suggest you take advantage of this; there are many attorneys on this website who could help you through this. However, please sincerely considering retaining the services of an experienced and licensed attorney to defend you in this action. You probably would not attempt on your own to undertake major plumbing or electrical projects in your home without a trained professional, so why would you consider doing so in a legal situation? Good luck in your endeavors!

Wait. .there is no lawyer who wants to stop working on the legal matters for paying clients and stop everything to provide fee legal advice to a homeowner who has failed to pay a lawful debt to detriment of the their fellow homeowners and neighbors (who pay their HOA dues) and who likely has no legal defense to payment and who has a hearing just two days away. Is a magic template to solve all the homeowners problems and let them shirk their responsibility to much to ask. Oh and they want it soon and of course for free. Has foreclosure forum nothing more than homeowners who can't or won't hire a lawyer being told by lawyers that they need to hire a lawyer. Which is essentially a waste of the homeowner's and lawyers' time.