LAKE COUNTY, Fla. — A 77-year-old Lake County woman, Linda Wolner, has won a three-year legal battle to regain her home from receivership after falling behind on HOA dues while recovering from a fall.
The legal dispute began when Wolner, who was in rehabilitation, fell behind on her HOA assessments by $480. The Plantation of Leesburg HOA filed a petition in June 2022 to appoint a receiver to manage her property, citing deterioration and lack of occupancy.
“It’s the saddest thing I’ve ever seen in 20 years of helping seniors,” said Amy Cearly, Wolner’s caregiver.
Court records showed that Wolner’s property, along with another in the 55-plus community, was cited for visual exterior deterioration, lack of electricity, and excessive overgrowth.
The HOA claimed all efforts to contact Wolner were exhausted, as no one appeared to live in the home for two consecutive months.
Arlene Udick, an attorney, criticized the HOA’s actions, stating, “There was no foreclosure notice from the lender so they knew somebody was paying for the property, there was no death certificate, I call it due diligence light!”
The receiver had planned to rent out the home after performing repairs, but Wolner continued paying the mortgage until her death a few months ago.
The judge has now ordered the receiver to account for all payments and expenses related to the property.
During the receivership, the receiver claimed to have spent at least $40,000 on repairs and renovations, resulting in a lien on the home that must be settled before it can be sold.
With the judge’s recent ruling, Wolner’s caregiver, Amy Cearly, expressed hope that Wolner can rest in peace knowing the matter has been resolved.
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