Legal Question in Real Estate Law in Florida

I purchased (last month) a property at the condo forclosure sale subject to the first lien (1st mortgage).

The bank (first lien holder)has a judgment and It is going to foreclose the property in 15 days.

When I bought the property I didn't know about the existence of that 1st lien (judgment for foreclose) and I am not interested in paying it because is much more than the value of the property.

I have a Certificate of sale from the court. Is that coming foreclose affect me in any way? How can I be out of this problem? Thank you for your advise.


Asked on 5/17/10, 10:30 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You bought it subject to the mortgage. It was for you to search the title before buying it.

Contact the lien holder and try to work out a payment.

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Answered on 5/22/10, 1:42 pm
Steven Meyer CPLS, P.A.

You purchased the condo at a foreclosure sale that was based on the lien of the condo association. However, even though you purchased the condo, the mortgage still has to be paid. The bank that holds the mortgage has the right to foreclose, and they are doing just that. So, unless you work out some payment plan with the bank that holds the mortgage, the bank will take ownership of the condo when it completes its foreclosure, or the condo will be sold to the high bidder at the foreclosure sale. In either case, you will no longer be the owner at that time.

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Answered on 5/22/10, 2:02 pm


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