Florida | Real Estate Law
Legal Question
Dear Sirs
I have a question about what takes precedence...
Over several years a previous owner (PO) of property amasses several thousands in association assessments...
The Home Owners Association (HOA) filed several liens over three years with the last lien on property dated Mar 2010 against (PO) for 10k
The current owner (CO) who foreclosed on (PO) received their judgment Jun 2010 and is subsequently issued a deed Jul 2010.
The (HOA) files a lien against (CO) Nov 2010 for the same 10k although 8 months have pass since the last lien.
The (CO) was plaintiff in a appeal of the original foreclosure judgment and defendants were (PO) and (HOA). The case was heard Jun 2011 and a judgment was in favor of plaintiff for relief of all unpaid assessment prior to their ownership up to Jun 2010, but allowed assessment, fine, fee, and interest in the amount of 5k from Jul 2010 to Apr 2011. The court specifically stated the (HOA) is estopped from collecting unpaid assessment from the previous owner against plaintiff's proposed buyer.
I am trying to buy this property and the (CO) and title company is tell me the lien of Nov 2010 is still current and the title/deed is not free and clear of encumbrances. I told them the appeal dated Jun 2011 addressed this and I said the title is UN-encumbered and can be sold to me.
My question is this...is the lien dated Nov 2010 nullified by the Jun 2011 appeals decision?
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