Maite L. Diaz

Born and Raised in South Florida, Attorney Maite L. Diaz has been helping South Floridians regain financial stability via fresh start Chapter 7 and Chapter 13 reorganization bankruptcies for over 18 years. Our services have helped clients to save their homes from foreclosure, prevent repossessions, stop wage garnishments and harassing creditor calls. Our personalized one to one service can help you find the path back to success by helping you deal with your bad debt. We take pride in listening to our clients' needs and treating them with respect. Call today to schedule your free initial bankruptcy consultation. Hablamos Español.

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Florida

Since 2006

Florida International University College of Law

J.D. | Law

2003 - 2006

Florida International University

B.S. | Social Studies Education

1996 - 2000

Florida State Bar  # 25880

Member

2006 - Current

Q. HOA fee increase and missed payments in Florida condo

June 6, 2025

A: If your father is behind on HOA (Homeowners Association) fees for his condo in a 55+ community in Florida, it's very important to act quickly to avoid serious consequences. Even though the building manager has only called you informally so far, Florida law allows HOAs to file a lien against the property for unpaid assessments—and eventually foreclose if the debt remains unpaid.

Consequences of unpaid HOA fees can include:

A lien placed on the condo.

Foreclosure action, even if the mortgage is current.

Additional late fees, interest, attorney’s fees, and collection costs being added to the balance.

Since your father has already missed four payments and is experiencing financial hardship, he should consider both short-term and long-term solutions.

Recommended Steps:

Contact the HOA immediately to request a payment plan or temporary hardship accommodation.

Request written documentation of the amount owed, any late fees, and whether a lien has already been recorded.

Avoid ignoring future notices—formal letters or notices of intent to lien or foreclose will usually follow shortly after multiple missed payments.

How Bankruptcy Can Help:

If your father is overwhelmed by his HOA debt or other obligations, Chapter 13 bankruptcy could provide a solution. Under Chapter 13:

He can stop a pending foreclosure immediately through the automatic stay.

He can repay the HOA arrears over 3 to 5 years through a court-supervised plan.

He can also address other debts (credit cards, medical bills, etc.) in one manageable monthly payment.

This option may allow your father to keep his condo while catching up on HOA fees and maintaining his housing stability.

Final Note:

Florida HOAs are aggressive in pursuing unpaid fees, so early legal advice is key. I recommend that your father speak with a Florida bankruptcy or real estate attorney right away to explore all available options and protect his home. ... Read More

Q. Is it legal for the HOA to block my account access due to unpaid assessments?

June 6, 2025

A: Yes, it is legal for an HOA to turn your account over for collections if you are in default. When that takes place, the property management company typically avoids speaking to you directly and refers you to the attorney handling the matter. It may be possible to work out a payment arrangement with the association via the attorney but remember, the association's attorney does not represent you and is legally required to act in the association's best interest, not yours. You might want to consult legal counsel of your own to help with the negotiations. If all else fails, Chapter 13 bankruptcy may be a way to prevent a possible HOA foreclosure action and divide the money you are behind into monthly payments over a period of up to 5 years. ... Read More

Q. Vehicle fully paid off, re-added to credit report without documentation. Formal demand letters met with threats. What can I do?

May 30, 2025

A: You’re describing a troubling situation. If a company is re-reporting a paid-off vehicle loan without providing proper documentation and is threatening you for payment you don’t owe, it may be violating several federal and state laws.

First, under the Fair Credit Reporting Act (FCRA), you have the right to dispute inaccurate information on your credit report. If the company continues to report inaccurate information after your disputes, you may have grounds for a claim against them.

Second, if their communications are threatening or harassing, they could be violating the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using unfair, deceptive, or abusive practices.

Here’s what you should do:

Document Everything: Keep copies of all correspondence, credit reports, and any threatening communications.

File Disputes with the Credit Bureaus: Submit a written dispute to each bureau (Equifax, Experian, TransUnion), attaching proof the loan was paid off.

File a Complaint: Consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) and your state’s attorney general’s office.

Consult an Attorney: Consider speaking with a consumer protection attorney. Many offer free consultations and can help you enforce your rights under the FCRA and FDCPA.

You have rights under federal and state law, and you don’t have to tolerate this kind of harassment. Let me know if you’d like resources or sample dispute letters to get you started. ... Read More