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I’m looking at a first mortgage foreclosure with a HUD 2nd mortgage. HUD was initially listed as a defendant but not listed on the Final Judgment. Does the HUD 2nd mortgage survive?

I’m looking at a first mortgage foreclosure with a HUD 2nd mortgage. HUD was initially listed as a defendant but not listed on the Final Judgment. Does the HUD 2nd mortgage survive?

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David Mattson
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Hi David

Under Florida law the HUD second mortgage survives if it was not included in the Final Judgment. Even if HUD was named at the start of the case, the lien is only wiped out if the judgment specifically forecloses it. If the Final Judgment is silent, the HUD second stays on the property.

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Fernando Alonso
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