Hi Kenst

Osceola has an awful IT system for checking court records, foreclosure sales and official documents. The webpages only work during weekday business hours, and much of the system still runs on old papers and PDFs. Right now it’s impossible for me to pull the cases, maybe later in the week. It’s really a shame in such an interesting county for investment, with so much economic development and tourism.

In theory, if the plaintiffs in the first foreclosure included the junior lienholders as defendants and properly served them, then once the first mortgage is foreclosed the second lien should be wiped out and the lender can only claim against any surplus funds. A diligent clerk should never have allowed a second sale to be scheduled once a certificate of sale and title had been issued. But clerk efficiency has become almost fictional since the pandemic.

If the first foreclosure did include the second lienholder and a certificate of title was issued, then even if a second auction is on the calendar, it should ultimately be resolved between the parties or in court. The first mortgage lien prevails and the second should not survive the foreclosure.