Hundreds of homeowner and condo associations in Florida are foreclosing on banks, by going after them for unpaid homeowner association fees.
When a bank forecloses on a home, the bank becomes responsible for paying fees to the homeowners association (if the home was a member of it), including unpaid fees going back as far as 12 months and all expenses in the future, reports CNN.
When a bank fails to pay homeowner fees, a homeowner association can impose liens on the property. If a bank still fails to pay, the homeowner association can file a foreclosure against the bank.
However, it's not a slam dunk. Attorney Ben Solomon told CNN that of the 1,100 liens his firm has filed, 131 led to foreclosure threats, although 90 percent of those resulted in banks settling.
JPMorgan Chase admits that homeowner fees are the bank’s responsibility, but Deutsche Bank other banks often claim that they are trustees of the property and that the mortgage company is responsible for paying the fees.
But that is only true if the mortgage company held the property's title after the foreclosure, according to attorney Michael Gelfand. The title holder is responsible for the homeowner fees.