In short: The owner lost. An HOA foreclosed its assessment lien after serving the owner by publication, and the home sold to a third party. The owner moved to vacate the judgment as void, arguing the diligent search was inadequate. The trial court denied relief, and the Third DCA affirmed in a one-word per curiam decision with no opinion.
The Facts
The Third District issued a per curiam affirmance with no written opinion, so the facts below come from the parties’ arguments as described in the oral argument, not from a court ruling.
The Floridian Bay Estates at Waterstone homeowners association foreclosed on a home for unpaid assessments. It served the owner by publication. According to the arguments, the owner had given the association his property manager’s office as his address, and the manager reported that the owner was out of the country. The court appointed a guardian ad litem, the foreclosure went to judgment, and the property was sold to a third party.
The owner then moved to vacate the judgment as void for lack of proper service. He argued the sworn statement of diligent search required by section 49.041 was deficient because it left out a Brickell address that appeared in the association’s own records and could have been found through phone listings, professional licensing, and corporate records. The association answered that its affidavit was legally sufficient on its face and that the buyer at the sale was a bona fide purchaser. The trial court denied the motion.
The Decision
The Third District affirmed on September 19, 2012, in a one-word per curiam decision (Judges Cortiñas, Rothenberg, and Logue). A PCA means the court found no reversible error but gave no reasons. It does not set precedent and cannot be cited as authority for any particular rule.
So the decision tells us the trial court’s denial of the motion to vacate stood. It does not tell us which argument persuaded the panel: that the search was adequate, that the owner’s own address choice mattered, that the third-party purchaser was protected, or something else.
The Law
Service by publication is allowed in lien foreclosures under section 49.011. Before publishing, the plaintiff must file a sworn statement under section 49.041 showing that a diligent search and inquiry was made to find the defendant, and stating what is known about the defendant’s residence. Florida courts have long held that constructive service is strictly construed, and a search that ignores obvious leads can make the service, and the judgment, void.
A void judgment can be attacked at any time under Florida Rule of Civil Procedure 1.540(b)(4), but a facially sufficient affidavit shifts the fight to whether the search was actually diligent. Homeowners associations may foreclose assessment liens under section 720.3085, which has been amended several times since 2012, including changes to pre-suit notice and collection procedures.
Current law (2026): Section 49.041 is unchanged in substance (2026 text confirmed on flsenate.gov). Section 720.3085 HOA lien/foreclosure procedures have been amended since 2012 (including 2024 HOA reforms); verify current pre-suit notice requirements before relying on older practice.
Lessons
- Keep your mailing address current with your HOA. The address you give the association is often where the search starts.
- If you learn your home was foreclosed by publication, act fast. Delay and a sale to a third party make relief harder.
- Challenging service means proving what a real search would have found: records, databases, and addresses the plaintiff had or could easily get.
- A PCA ends the appeal but sets no rule. Do not read it as approval of every search done by publication.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
HOA Foreclosure by Publication — Was the Diligent Search Enough to Avoid a Void Judgment? | Lora v. Floridian Bay Estates
Go Deeper
- HOA and Condo Association Foreclosure in Florida: Notice Rules and Defenses
- How to Vacate a Default or Final Judgment in Florida: Rule 1.540 and Its Limits
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
Can an HOA foreclose on my Florida home without serving me in person?
Yes, if it cannot find you after a diligent search. Florida allows service by publication in lien foreclosures, including HOA assessment liens, but only after the association files a sworn statement under section 49.041 describing a diligent search and inquiry for the owner.
What is a diligent search for service by publication in Florida?
It is an honest, reasonable effort to find the defendant using available sources: known addresses, the plaintiff’s own records, phone listings, licensing and corporate records, and similar leads. Courts strictly construe constructive service, and ignoring obvious leads can make the resulting judgment void.
How do I vacate a foreclosure judgment for bad service by publication?
You move under Florida Rule of Civil Procedure 1.540(b)(4) to vacate the judgment as void. You need evidence showing the search was not diligent, such as addresses the plaintiff knew or could easily find. A third-party sale and delay can complicate the remedy.
What does a per curiam affirmance (PCA) mean in Florida?
It means the appellate court affirmed the trial court without writing an opinion. The losing party gets no explanation, the decision cannot be cited as precedent, and further review in the Florida Supreme Court is generally unavailable. The trial court’s ruling simply stands.
Talk to a Florida foreclosure and HOA lien lawyer
Weidner Law, P.A. handles Florida mortgage and association lien foreclosures from St. Petersburg. If you need a foreclosure defense lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
