Klein Law Group Defends Homeowners Against HOA Foreclosure Action and Wins

Kunal A. Mirchandani, Esq., attorney at Klein Law Group, was successful at having his client’s foreclosure case dismissed. Mr. Mirchandani’s specialist in foreclosure law yielded a big victory for his clients.

The case involves a husband and wife from El Savador. They have two kids, the youngest is in high school and the oldest is the first in the family to attend college. The husband is a painter and the wife is a housekeeper. They fell behind on their mortgage and homeowner’s association payments. After some hard work with their mortgage company, they were able to obtain a loan modification. However, their homeowner’s association would not negotiate a feasible payment plan. Even though they both worked extra jobs on the weekends, they could not afford to keep up with the association’s demands. The association filed a foreclosure action and the couple hired Klein Law Group to defend them.

Last week, Mr. Mirchandani was able to have the case dismissed because the association failed to comply with the notice requirements of Florida Statute 720.3085. This statute requires an association to send a homeowner two notices containing specific information prior to filing a lawsuit to foreclose. The association sent the letters, but they did not contain the required language. As a result, the case was dismissed.