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    LivingtheLifeinFLA's Avatar
    LivingtheLifeinFLA Posts: 137, Reputation: 29
    Junior Member

    Mar 18, 2010, 10:32 AM
    Florida Condo Foreclosure sale
    In Florida, when you buy a condo or house at foreclosure sale that has an association, you also have to pay ALL outstanding condo fees (super lien), only the 1st mortgage holder qualifies for the 6/12 month limit.

    Here is a twist - What if the association forecloses for a fee deficiency first? For example, let's say past fees were $5k (10 months worth) and they foreclose and take title to the property, rent it and so on.

    Then the first forecloses a year later ($500 x 12 = $6000). Is the outstanding amount $11,000, $6,000 or none?

    I am trying to determine what the new owner is responsible for? It seems to me they foreclosed, took title and became the new owner. They had the right to sell that lien, and bought it back. It is hard for me to believe they can have their cake and eat it too.
    jonledin's Avatar
    jonledin Posts: 29, Reputation: -1
    New Member

    Jun 24, 2010, 06:42 PM
    Don't see how an association can foreclose and get a deficiency judgment? They most likely purchased the property at sheriff's sale and are trying to collect on deficiency judgment for association fees.

    Depending on state laws, under judicial forelsoure,the tenent has a right to redeem within time limit set by statute. I don't know Florida foreclosure law but you will need to find out if Florida is a judicial or non-judical state regarding forelcosure of proeprty.

    It sounds like it's a judicial state which means the court made a ruling on the sale and proeprty and was sold at sheriff's sale. The new owner should NOT be responsible for any deficiency judgment, so the answer is 0.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert

    Jun 24, 2010, 07:02 PM

    I am not aware of any state that allows a HOA or POA to foreclose on a home for dues. They can get a lien and that may not kick in until a sale. The POA can't foreclose a loan they do not own.

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