Legal Question in Real Estate Law in Florida

Question on Real Estate Foreclosure in a Homeowner Association run deed restricted community

The Facts:

Homeowner has a first mortgage of $60,000

Homeowner has a second mortgage of $10,000

Homeowner has not paid the HOA for two years and owes $1982 to the community and a lien was filed for the debt

There is a past due tax due of $3200

The First mortgage holder filed for foreclosure and the home was place for sale

At the sale the first mortgage holder bids $60,000

The Second mortgage holder bids $70,000

There were no more bids and the court accepted the $70,000 bid

The Question:

What position does the Government Tax entity and the HOA take in this matter?

&

Can the language in the Deed Restrictions affect this matter?

or

Does the HOA have to protect their interest?

&

What kind of Title would the buyer get?


Asked on 11/30/09, 2:14 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Generally speaking, the government always gets paid. The HOA will come after the mortgages. They will have a claim that remains against you by way of a deficiency judgment.

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Answered on 12/05/09, 5:39 pm


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