Safe harbour cap in Florida?

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What is safe harbour cap on the Condo HOA payoffs in Florida? Does it a binding law that all the HOA has to accept? Can HOAs refuse to follow it?

Attorney Answer

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Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
The "safe harbor cap" of Fla. Stat. 718 and 720 provide a limit to the amount banks are required to pay in past due assessments when a bank takes title because of a mortgage foreclosure. It is limited to 12 months or 1% of the mortgage. HOAs and COAs (condo associations) are required to follow this law. The catch is this law only applies to first mortgage companies that take title in foreclosure and does not apply to any third party who buys the property after the foreclosure. Therefore if the amount paid by the bank is less than the full amount owed, the rest is the responsibility of anyone buying from the bank. Also, the banks are required to pay assessments as they come due once they take title, so that's why many banks are refusing to take title even if the owner surrenders the property to them.
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