HOA Fees and Liens: The Never-Ending Debt? Part I of II

By Carole Bess, Bess, Blougouras, Freyberg & Pennington, P.A., Merritt Island, Florida

Florida’s homeowners unable to pay their homeowner and condominium fees in the wake of Florida’s Housing Collapse are now left, all-too-often, to face unexpected hardships. These homeowners expected they would have to deal with foreclosure and debt from their mortgage companies. They didn’t expect to have to deal with their homeowner associations for the years it might take for their mortgages to foreclose upon their property, and maybe, for many years after the foreclosure.

Many owners have become so hopelessly . . .

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Meet One of Our Newest Trustees

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Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018. He replaces retiring K. Michael (Mike) Fitzgerald who served as the Standing Trustee for nearly twenty years. During the ten years prior to his appointment as Trustee, Jason was the Senior Staff Attorney and Legal Department Manager in...

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Cathy Moran

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Per Capita Bankruptcy Filings Heat Map

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Henry E. Hildebrand, III

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Lawrence R. Ahern, III

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Larry Ahern this week concludes a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 analyzed McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing relevant statutes. In this Part 2, he turns to the debtor's case, which has substantial...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

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Critical Case Comment – Topping Off the Risk Factor

Henry E. Hildebrand, III

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