In 2009, an affordable housing condominium entered into a foreclosure judgment against a Unit in the common interest community.  After delays in the unit’s default mortgage foreclosure and a breached payment plan meant to help the unit owner pay the monthly maintenance fee, HOA fee, special assessment fee, and prior arrears, the association moved forward with scheduling a sheriff sale.  Prior to the date of sale, the unit owner paid the full amount of the foreclosure judgment, in addition to all sheriff fees that accrued.  Instead of canceling the sheriff’s sale and dismissing the foreclosure, Stark & Stark filed a motion before the court seeking to amend the 2009 foreclosure judgment to include all of the legal fees, late fees, monthly maintenance fees, HOA fees, special assessment fees and other condo fees for the common elements that accrued since the original judgment was prepared.  During the pendency of the motion, the sheriff’s sale was continually adjourned.  The court granted the motion, adding $11,000 to the original foreclosure judgment.  The sheriff’s sale was rescheduled with respect to the new and increased foreclosure judgment.

The modification of the judgment saved the Association from commencing an entirely new foreclosure action to secure the rest of the funds owed on the Unit, a process that would have taken at least 18 months and generated significant legal fees.  This successful collection process shows how creativity and aggressive collection tactics can help associations navigate and rise above these challenging economic times.