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Homeowner Defenses That Could Be Used in the HOA Foreclosure Process. As an HOA Board member you may be faced with the task of having to make the decision to foreclose on homes in your association. Weâve all been challenged by the financial climate these last few years and it is going to take some time to bounce back.
702.01 Equity.âAll mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. The foreclosure claim shall, if tried, be tried to the court without a jury.