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KevinY (Florida)
Posts: 1
Posted:
Hi everyone. I'm new here so excuse me if this question has been asked before. I'm trying to figure out what happens to an assessment lien if a property is 4 years delinquent and the property is sold at foreclosure auction to a 3rd party (not the mortgage holder). I understand in FL that if the mortgage holder forecloses and takes possession that they are responsible for 1% of the principle amount or 1 year's assessments, which ever is less. Does this mean that if the bank forces the foreclosure and is outbid by a third party that the lien amount is lost?

Oh and I don't know if it matters or not but the developer is still in control
JeanI (Louisiana)
Posts: 112
Posted:
This is a difficult area of the law and I would recommend that you contact your association attorney for an answer. JI
MelissaP1 (Alabama)
Posts: 13,836
Posted:
How long has the lien been in place? Was it in place prior to the bank's foreclosure? Sorry to say, but may not have been enough money leftover in the foreclosure transactions for the lien to be paid. The bank is ALWAYS paid first and the leftover is paid out to the other debtors. The HOA usually being next if they have a lien.

There still may be a surprise and the bank may pay up the dues money they owe while they had the property. However, it's most likely the new owner will start out with a CLEAN plate. Hope the new owner is one who will pay their dues and be a good member.

Former HOA President
CarolF (Florida)
Posts: 435
Posted:
Melissa - the way I read Kevin's explanation, the bank never took title to the property. In Fl all foreclosure actions are judicial.The bank never "had the property". The court issued a final judgment and in the auction another party bid higher than the bank.
JohnE7 (Florida)
Posts: 13
Posted:
The 3rd party that bought the property at the auction is required to pay the delinquent balance owed to the HOA. We have been contacted by people interested in buying properties at auctions, they inquire about the balance owed to the association before bidding. Some ask if the association will accept less than is owed. Since it is much better for the association to have a 3rd party purchase the property at auction than for the bank to foreclose we usually agree to waive the legal fees owed on the property to encourage buyers to bid.
CharlesB17
Posts: 112
Posted:
Here is a link that will most likely answer your question.
http://www.floridacommunitylaw.com/lawyer-attorney-1612986.html

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