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.
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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.
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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.
This answer is for informational purposes only and should not be construed, in any way, as the acceptance of representation and the creation of an attorney-client relationship. No attorney-client relationship shall exist unless and until a retainer agreement has been signed by Matthew D. Weidner, P..A. and countersigned by the prospective client.