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Summer Sollecito
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0 Questions, 2 Answers
  Active since 27 August 2025
  Last activity 9 hours ago

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0 Who has priority to the surplus funds the second mortgage or the HOA

In Florida, surplus funds from a foreclosure sale get paid out according to lien priority, not who files first. Filing the same day doesn’t really matter.

*First priority is the foreclosing plaintiff (usually the 1st mortgage). They get paid in full if possible.
*After that, junior lienholders get whatever is left, in the order their liens were recorded. A 2nd mortgage almost always records before the HOA’s lien, so the 2nd mortgage would usually take priority over the HOA.
*HOA/COA lien...

9 hours ago
0 Charging Liens

I’ve seen this in Florida. Attorneys here can and do file charging liens, but by law they’re supposed to be against the recovery in the case (like a judgment or settlement), not directly against the property. When they record them in the county records, it clouds the title even if it’s questionable whether it actually sticks. That’s why you’ll see them pop up in foreclosure cases.

The trick of filing late and not putting a dollar amount is exactly what you said — it makes the title look me...

9 hours ago

Miami Dade County Foreclosure Schedule

Miami Dade County Foreclosure Auctions: