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If one person purchases an HOA lien, and another party purchases the delinquent mortgage, do both have legal access to the home?

West Palm Beach, FL |

I purchased an HOA lien at a sale on 7/15/13 and received a certificate of title on 8/5/13. Another person bought the existing delinquent mortgage after final judgment on 7/22/13, and also received a certificate of title on 8/9/13. The HOA for the property claims that only the purchaser of the mortgage
gets access to the property and not the me,(the HOA lien purchaser). By law , do I have equal access
to the property and the same rights or is the mortgage purchaser the only one with authority to
rent, access, or sell the property?

Attorney Answers 3

  1. Best answer

    No, you do not. Florida.s law in this area is bizarre. HOA liens are normally inferior to institutional mortgage liens. Assuming that is the case, the sale and certificate of title from the mortgage foreclosure extinguished the interest you purchased as the successful bidder at the HOA lien foreclosure sale.

    However, you should consult an attorney to see if it is possible to recover what you paid. Under some circumstances, it ,ay be possible.

    It is unfortunate that so many people are bidding at association foreclosure sales without appropriate legal advice and assistance. They are losing a great deal of money, since whatever they paid is generally lost by the subsequent mortgage foreclosure sale..

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

  2. If you purchased the property at a foreclosure sale of the HOA lien your ownership would be forefeited when the subsequent mortgage foreclosed. Typically an HOA lien is subordinate to a mortgage. So, you owned the house on 7/15, but lost it in the 7/22 sale. Sorry.....

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

  3. Unfortunately in Florida the mortgage lien would be superior to the Hoa lien I am always baffled as to how people bid on properties without having An attorney review title. The cost is so low usually between 150 and 175 and offer so much protection. So yes yourself rights to property by Virtue of your loan being inferior to the mortgage loan lien Assuming all was correct in the mortgage foreclosure action.

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