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Home > Law > Real Estate Law   »   Tax deed sale with a notice of lis pendens

 
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Old Feb 9, 2007, 11:13 AM
vmb8990
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Tax deed sale with a notice of lis pendens

I reside in Florida and am interested in purchasing a property at a tax deed sale. I found on the property's title search that there was a notice of lis pendens filed on 1/31/2006 by the mortgage deed holders. However, there was never any more action taken to forclose on the property. If I do purchase this property at the auction will I be able to obtain a quit title inorder to sell the property or will the mortgage holders have a right to claim it?

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Old Apr 19, 2007, 06:19 PM   #2  
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The lender has been notified of the upcoming sale, per Florida statutes...by intention or by accident, if they let it go (I believe they will redeem)...unless it is a government lien, it has no affect on the property after the sell.

I believe the lender will pay the taxes and continue foreclosure. Please post back, I am interested to see what happens.

HTH,

M
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Old Apr 19, 2007, 07:47 PM   #3  
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yes except for government liens, all liens will not carry over to the new buyer. ( in all areas where I have bought properties at tax sale)

But as noted, I can't ever remember any home with a mortage or lien from a bank, or mortage company ever actually selling at tax sale.
They merely come in a few days before the sale and pay the taxes and add it to their lien.

Now this one may not, but I have not personally ever seen one with a mortage ever actually sale at a tax sale.

I have not bought in Fla, do you get a tax deed that day, or merely a certificate to redeem after a certain time period there ??
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Old Apr 24, 2007, 10:20 AM   #4  
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I have seen many times where the mortgage company no longer exists or it is a private mortgage, but generally, they will not even let it get so far as the auction list...
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