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If a mortgage and a note was recorded with the wrong legal name can the lender foreclose after the home was at foreclosure sale

Miami, FL |

Bought a home at a foreclosure sale, did my search with county's record on the name of the owner of property. Found all mortages and satisfactions and assignmeent to be correct. I am now being served with a summons demanding a foreclosure from a lien that was not named on the lender that foreclosed the property . There was a superior mortgage that was not notified of the foreclosure sale. In reviewing the summons I noticed that the names on the mortgage and note is different than the original owners name, ei, recorded as John DeLa Doe and Mary Deladoe, the owners name are John De La Doe and Mary De La Doe. That is why the names did not showed in the name search. Do I have any recourse based on this issue, with either of the lenders. Basically the second lien holder foreclosed.

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Attorney answers 3


Buying a home at a foreclosure sale is quite risky unless you have done you homework with the assistance of an attorney. Unwary buyers often end up losing most or all of their investment where they could have spent a fraction of that on an attorney to make sure their interests were protected before the sale.

You should speak with a real estate or foreclosure attorney immediately; he or she will be able to review the county records and court file and give you better idea as to what can be done in your case. Most offer free consultations. Do this immediately.


I have seen this and similar situations many times. Sure, there are non-attorney folks who are routine foreclosure bidders and purchasers, and they have been for many years. But, most of those folks that I have spoken with started by hiring counsel until they were totally comfortable with what needed to be done. Even then, their knowledge leads them to know when something is still not right or certain and they hire counsel from time to time. Since the advent of on-line bidding there seems to a lot more uninitiated foreclosure purchasers finding that they threw their money away. I am sorry this happened to you.

First, superior lien holders are not notified of a foreclosure sale by an inferior lien holder because their superior interest cannot be foreclosed. Had you done a proper search, despite whatever name was stated as the mortgagor or mortgagee, you would have found that their was a superior mortgage on the property. A name search is not a complete and proper search. Secondly, I am sorry to say, the spelling difference you mentioned will not be sufficient to change a thing.

The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at:

Rex Edward Russo

Rex Edward Russo


Ooops, sorry for typo (should be "there was", not "their was")


Have a. Qualified attorney review your docs for what you are stating

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