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JamesW14 (Florida)
Posts: 8
Posted:
Has any Florida HOA's resolved the Lien issue after a bank foreclosure on a house where the Bank bought the house during the foreclosure sale and the HOA had placed a Lien on the house prior to foreclosure? I know Florida law states that in this situation the Lien becomes non-enforceable, and the bank becomes responsible for only the past 12 months of dues or 1 percent of the mortgage, which ever is less, plus all future dues while the bank is the owner. But then in this situation is the HOA responsible for having the Lien removed from the Clerk of the Court records? If so, how is this done? Or does the HOA just leave the Lien in the Clerks of the Court records. What happens when the bank finally sells the house to a new buyer - does the Title Company during the sale process ignore the Lien if the Lien is still showing in the records? Or would the Title Company cause the Lien to be paid off, settled, with the HOA? My HOA is residential, not condo. Thanks!

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