Labor performed on or materials furnished to a unit shall not be the basis for the filing of a lien pursuant to part I of chapter 713, the Construction Lien Law, against the unit or condominium parcel of any unit owner not expressly consenting to or requesting the labor or materials.Labor performed on or materials furnished to the common elements are not the basis for a lien on the common elements, but if authorized by the association, the labor or materials are deemed to be performed or furnished with the express consent of each unit owner and may be the basis for the filing of a lien against all condominium parcels in the proportions for which the owners are liable for common expenses., the threat of foreclosure or, more pointedly, the prospect of losing your home, can easily become overwhelming.
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However, it’s important to remember that when it comes to foreclosure, you have do have rights and understanding them can play a key role in keeping your home or at the very least mitigating the damage done to your credit and overall financial health.
Lenders, for instance, are required to abide by state laws, and most states stipulate that homeowners be provided with a written notice of default — essentially a formal declaration that you’re behind on payments and in breach of your loan contract — plus a certain amount of time to remedy the situation.
Delivery of the notice shall be deemed given upon mailing as required by this subsection.
The notice must be in substantially the following form:, and must be paid within 30 days after your receipt of this letter.
Deficiency judgments obligate the property owner to repay the difference and give mortgage holders the right to collect the remainder of the debt owed from any other assets the property owner may have.
If you think your lender made a mistake because you did not default on your loan, or the amount the lender is claiming is incorrect, contact the lender and explain in writing why you believe the lender is mistaken.
Be sure to explain clearly why you are not in default and provide copies of any documents that prove your position.
Even if your lender does not agree, you have the right to go to court and prove that you did not default on your loan.
However, technical defenses are not very helpful in preventing foreclosures because a mortgage holder can easily defeat the defense by correcting the procedural defect.