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    vmb8990's Avatar
    vmb8990 Posts: 1, Reputation: 1
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    #1

    Feb 9, 2007, 12:13 PM
    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?
    LO903's Avatar
    LO903 Posts: 7, Reputation: 3
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    #2

    Apr 19, 2007, 06:19 PM
    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 19, 2007, 07:47 PM
    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 mortgage or lien from a bank, or mortgage 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 mortgage 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 there?
    LO903's Avatar
    LO903 Posts: 7, Reputation: 3
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    #4

    Apr 24, 2007, 10:20 AM
    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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