Hi, Ekaterina:
Yes, they absolutely can. Remember, pursuant to F.S. 720.3085, the Ass'n can go after successor owners for any and all amounts past due. I know. It's a terrible statute. When it went into effect, I remember thinking: "These HOAs have some amazing lobbyist!"
There are very few ways to defeat that statute, and avoid the liability, so the best thing is for the Ass'n to get its money from the auction. The good news is that they almost always do.
If there is any defi...
So, you're talking about being the successful bidder at a lender's foreclosure auction where the property is currently under contract for sale, right? I'm going to assume these facts.
Tony's answer is quite good. The right of redemption is cut off upon the issuance of the Certificate of Sale (not to be confused with Certificate of Title). So, the moment that happens, the former owner of the property no longer has any ability to sell the property.
There are a few technicalities we...
Hi, Marshall:
So, you're saying the property was sold but, for some reason, the deed didn't get recorded. And, as a result, the title to the property never transferred to the new owner. Then, the seller of the property died. Have I got that right?
If so, here is the analysis.
The property taxes continue to accrue no matter what, and the tax bills should show up at the property itself. So, the new owner needs to pay the taxes, or else the property will go through the tax lien pr...