With an HOA foreclosure in Florida, will only the 1st mortgage (primary) survive?

Asked about 1 year ago - Apopka, FL

Will the 2nd mortgage and all junior liens be wiped out?

Attorney answers (3)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Liens take priority according to the date of their recording. The foreclosure of the HOA lien will wipe out any liens recorded after it was recorded in the public records in the county in which the property is located. All of the liens recorded prior to the HOA lien will survive.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Nina Tamar Marano

    Contributor Level 7

    3

    Lawyers agree

    Answered . In an HOA foreclosure, any pre-existing leins survive the foreclosure. The only person removed from the picture is the owner who is foreclosed on. The new owner takes title to the property subject to the existing mortgages and/or leins which are each assigned a priority based on their filing dates.

    It is possible to stay a foreclosure proceeding by filing bankruptcy. To explore a homeowner's legal rights and remedies, it is important to consult with an attorney experienced in this area of the law.

    Nina T. Marano, Esq.
    Bogin, Munns & Munns, P.A.
    (407) 578-1334
    nmarano@boginmunns.com
    www.boginmunns.com

    NO LEGAL ADVICE: This response is not intended as legal advice nor should you consider it as such. It is intended... more
  3. Michael Patrick Fuino

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I concur with the assessments of my fellow attorneys. The failure to pay the HOA and subsequent foreclosure of that lien does not, without more, extinguish the first mortgage. I suggest you consult with an experienced foreclosure defense attorney who should be able to give you a complete analysis of your case.

    Michael P. Fuino, Esq.
    Matthew D. Weidner, P.A.
    (727) 894-3159
    mfuino@mattweidnerlaw.com
    www.weidnerlaw.com

    This answer is for informational purposes only and should not be construed, in any way, as the acceptance of... more

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