Legal Question in Real Estate Law in Florida

I purchased a property from a county foreclosure auction. I received title to the property, fixed up the home, paid the monthly HOA fees for several months and then the property was foreclosed on again. I was never notified of the 2nd foreclosure, I was not listed on the foreclosure, and I received no compensation whatsoever from the bank or the new owners. Do I have any course of remedy? This is in Lee County, FL.


Asked on 7/15/14, 8:22 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Depends on when the case was filed. If filed prior to your sale purchase and after Lis pendens than you were on notice and likely no recourse. As you should have originally seek legal help

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Answered on 7/15/14, 8:27 am
William Gwaltney William W. Gwaltney, Attorneys at Law

There is a lot of information missing from your post that is needed to evaluate your situation. You should schedule a consultation with an attorney who handles foreclosure litigation. Some of us are willing to do a brief preliminary consult over the phone to help get a better understanding of the situation.

I am not sure why there would be a 2nd foreclosure if the first one was filed properly. The first foreclosure should have wiped out any claims existing at the time of foreclosure. So there should not have been another foreclosure. Anyone with a claim against the previous owner should have only had a claim for money damages once the property was foreclosed.

So my first question is WHO foreclosed the 2nd time? I have handled foreclosure cases in many parts of Florida, and a second foreclosure, while not unheard of is uncommon. You really should contact an attorney right away.

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Answered on 7/16/14, 5:19 am


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