The “max bid” listed before a foreclosure auction is just the plaintiff’s maximum bid—typically the lender’s bid based on the final judgment amount owed.

It’s not the minimum price for the auction.

The actual opening bid (what the auction starts at) can be much lower, often covering just court costs and fees. If no one bids higher than the opening bid, the plaintiff usually wins with their max bid.

So, in your examples, the auction could still start lower than either amount listed, and third-party investors can win it for less than the max bid if there’s no competition.

Always check the actual opening bid on the clerk’s site close to auction day.

Hola Angel,

I assume you're referring to the plaintiff's maximum bid, which some counties display while others don’t. That amount represents the maximum price the plaintiff (usually the lender) is willing to pay to keep the property. It's often equal to the final judgment, but not always.

In your first example, where the plaintiff’s max bid is higher than the property’s value, it likely means the lender believes it’s still a good deal to take it back at that price, possibly expecting to resell it later at a profit.

In your second example, where the max bid is lower than the judgment, it typically happens when the property is worth less than what’s owed, and the plaintiff is willing to take a loss at auction to recover cash quickly, rather than end up owning a devalued asset. Another reason could be a softening market, where the lender anticipates a wave of future foreclosures and would rather cut losses now than later.

Either way, to your question: yes, you can treat the plaintiff’s max bid as the effective minimum bid. If you bid below it, you’re guaranteed to lose. That said, I always recommend checking the max bid again a few hours before the auction, because plaintiffs often reassess and may update their bid, either higher or lower, depending on market conditions or new info.

Mucha suerte!