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Answered
Two Foreclosure Sales on the Same Property

Hi there, I am looking at a property that currently has two foreclosure sales scheduled- One for 9/11 (Nationstar vs. Defendant) and a second for 10/9 (Suncoast Credit Union vs. Defendant).

Nationstar seems to be first mortgage with an inception in 2015. The Suncoat judgement appears to be for a HELOC taken against the property in 2018. The Nationstar lawsuit named Suncoast as a defendant. Here are the case numbers for these two lawsuits-

Nationstar 24-CA-005394
Suncoast 24-CA-002412

My question is, in short, how can two parties foreclose on the same property, both bringing suit against the same defendant at the same time? What are the implications of this if I purchase the property in the 9/11 first mortgage sale?

My assumption is that Nationstar will foreclose in the 9/11 sale and in this process the Suncoast HELOC will effectively die because it was named in the Nationstar suit. I assume between 9/11 and 10/9 Lee Clerk of Courts will realize the property has already been foreclosed on and sold at public auction and cancel the Suncoast brought action/sale.

Posted 23 hours ago
  
  
Votes Newest

Answers


Hi Palmer.

It’s possible to see two foreclosure sales scheduled at the same time because each lender has the independent right to foreclose if the loan is in default. The key is lien priority: Nationstar’s mortgage from 2015 is the first (senior lien), while Suncoast’s HELOC from 2018 is second (junior lien). Priority is set by recording date, not by who filed first.

Normally, if Nationstar included Suncoast as a defendant in their foreclosure case and served them properly, then once Nationstar’s 9/11 sale happens, Suncoast’s lien would be wiped out. The clerk should cancel Suncoast’s 10/9 sale, and even if it went forward by mistake, bidders there would be buying nothing.

But if Nationstar did not include Suncoast as a defendant, then the HELOC lien survives. In that scenario, a buyer at Nationstar’s 9/11 sale would still take the property subject to Suncoast’s lien, and Suncoast could legally proceed with their 10/9 foreclosure.

I checked Both Lis Pendens and the Nationstar claim has the standard boilerplate language (“all known parties claiming interest…”). That catch-all does not eliminate the need to name and serve a junior lienholder individually. If Suncoast was not specifically listed and served, their lien would remain in place.

For a time constraint, I could not review the full docket and confirm whether Suncoast was actually named as a defendant or not, I only checked the lis pendens. That detail is critical to know how the junior lien is treated.

As a bidder you should never assume the clerk will sort this out. Always confirm from the court filings whether junior lienholders were named, because that determines whether the property is sold free and clear or still subject to the junior lien.

Posted 5 hours ago
  
  
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1 Answer
23 hours ago
5 hours ago

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