Hi Kenst

In Florida, the general rule is that liens recorded after the Lis Pendens are subordinate to the foreclosure, even if the lienholder was not named as a defendant. The purpose of the Lis Pendens is to give public notice that the property is already in litigation, so anyone recording an interest after that point does so subject to the outcome of the case. For that reason, final foreclosure judgments usually include language stating that “all interests recorded subsequent to the Lis Pendens are foreclosed,” and once the Certificate of Title is issued, those junior interests are typically wiped out.

Eventhough, it is always wise to verify the nature of the lien, since some superior or statutory liens, such as certain municipal or federal liens, may survive a foreclosure regardless of when they are recorded. Another common exception to be aware of involves HOA or condo associations, as association liens are not always fully eliminated by a mortgage foreclosure due to Florida’s statutory super lien rules, which can allow the association to retain a limited claim after the sale.

I am not an attorney, and this is not legal advice. Foreclosure and lien priority issues can be very fact-specific, so it is always recommended to review the situation with a qualified Florida real estate attorney.