If your home is sold at a public auction in florida due to a foreclosure by you hoa, who will own the house if home if mortgaged

Asked almost 4 years ago - Pompano Beach, FL

In Florida who will own the house if it is sold at a public auction due to a foreclosure by your hoa. The home has a $161,00 mortgage. What happens to the mortgage if the property is sold at the auction. Who owns the house and what ramafications are associated with such a situation.

Attorney answers (1)

  1. Stephen Brian Bull

    Contributor Level 11

    Answered . The highest bidder at the auction will be the owner of the house. If the Association is the highest bidder they will own your house. If a third party is the highest bidder, then the third party will own your house. Unless there are objections to the sale the clerk will issue a certificate of title, which will identify the new owner. If the mortgage is a first mortgage or purchase money mortgage, then the mortgage will remain on the property. If the promissory note that the mortgage secures is not paid the bank will foreclose on the mortgage and foreclose the new owner's interest. You need to understand that there is a difference between the mortgage and the note. The note is your obligation to pay. The mortgage just secures the note. Even though you no longer own the home you still have the legal obligation to pay the note. If you do not pay the note, the bank can decide to foreclose on the house and seek a deficiency decree against you or the bank can simply sue you on the note.

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