Mortgage foreclosure auction, past due association fee,

Asked over 2 years ago - West Palm Beach, FL

if past due money is owed to the association, then the association take the title by foreclosing on the owner, then someone else buy the unit at foreclosure mortgage auction, does the new owner suppose to pay the previous owner past dues to the association? Was all debt extinguished when the association took title to the unit?

Attorney answers (2)

  1. Preston Hall Oughton


    Contributor Level 11


    Lawyers agree

    Answered . The Covenants and Restrictions for the Association will govern the relationship between the Assocaition and Unit Owner. If the Association gained title through a foreclosure sale, then they also have a foreclosure judgment for the amount of unpaid assessments. That foreclosure judgment is against the unit owner personally. To answer your question, the association or any subsequent purchaser would only be responsible for new association assessments owed and the unit owner will remain responsible for the foreclosure judgment for the amount of unpaid assessments.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton (904) 854-6336.

  2. Royce Brent Bishop

    Contributor Level 16

    Answered . The new owner coming in will owe on NEW association dues, not the old ones becasue the association took ownership. The old owner will owe on the old association dues.

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