To answer your question: whether the second mortgage can take the surplus and keep their lawsuit going depends entirely on whether they are a "superior" or "subordinate" lien compared to the HOA.
If the 2nd Mortgage is Superior (Recorded BEFORE the HOA lien): The HOA auction did not wipe them out. Their foreclosure lawsuit is still completely valid, and their lien is still attached to the property you bought. However, under Florida law, superior lienholders generally cannot claim surplus funds from a subordinate auction. If they do, it just lowers the payoff amount, but they can still foreclose for the rest.
If the 2nd Mortgage is Subordinate (Recorded AFTER the HOA lien): The HOA auction wiped out their lien on the physical property. Their foreclosure lawsuit against the house must be dropped. Because they lost the house as collateral, they are now legally first in line to claim those surplus funds to satisfy the old owner's debt.
Warning: Do not pay off the first mortgage yet! If the second mortgage survived the auction (is superior), paying off the first mortgage will simply bump the second mortgage into the first-place position, and they can still foreclose on you. Get a title search from an attorney immediately to confirm the exact recording dates of all liens before spending any more money.
You Asked & We ALL Answered!
Most Popular Questions
- Mortgage Reporting on Title Search?
- Tax Deed vs Foreclosure Implications?
- Pre-Foreclosure Info...?
- Estimating the loan balance on a Reverse mortgage?
- Property bought back in foreclosure auction by the bank that foreclosed???
Most Recent Questions
- tax lien certificate?
- tax deed sale?
- what you can tell me about this property: 1932 WOOD HOLLOW LN SARASOTA, FL 34235?
- What’s the best way to sale Florida tax deed quickly without quiet title??
- Does a FHA subordinate lien survive?
Can you answer these questions?
- PropertyOnion to incorporate working with probates??
- Looking for creative buyers, seller finance in Marion County, FL?
-
204one month ago
-
100one year ago
-
51one year ago
-
50one year ago
-
30one year ago
-
27one year ago
-
26one year ago
-
20one year ago
-
202 years ago
-
202 years ago
First mortgage recorded their mortgage 2021
2nd Mortage recorded their a home equity in 2022 mortgage and it was assigned in 10 2024 which was recorded and is the bank that is foreclosing
HOA recorded lien 9 2024
My attorney says that it will be dropped off at the time I pay the redemption.
Can i redeem the auction when the first mortgage gets their default, list it in realauction then I can redeem it? will it then knock off the second mortgage if their is a doubt on their lien priority. Will the 2nd mortgage be wiped out them?