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HOA/Mortgage both lis pendem filings

Good evening,
I am considering a bid on a home, currently the amount is for the HOA fees only but after further digging I have found out that the mortgage company also filed a foreclosure.
the Lis pendem for the HOA was filed in 2024/2025 timeframe while the Lis Pendem for the mortgage was filed this May.
I am trying to understand what happens to the loan if I win the bid through the HOA foreclosure, since there is one already in place for the mortgage company. This would be our first purchase. I have done a lot of research but this part in particular is still confusing me.
thank you in advance for all your help!

Posted one day ago
  
  
Votes Newest

Answers 2


When you win an HOA foreclosure auction in Florida, you take title to the property, but you are buying it strictly subject to any superior liens, most notably the first mortgage. Because the HOA lien is junior, its foreclosure cannot wipe out the bank's senior position. The fact that the mortgage company recorded a Lis Pendens this May means their own foreclosure lawsuit is already actively moving through the courts. If you take down this property at the HOA auction, you are not personally assuming the borrower's debt, but the property itself remains fully encumbered by that loan.

Unless you intervene, the bank's foreclosure will eventually cross the finish line and extinguish your newly acquired title. To keep the home permanently, you must either pay off the underlying mortgage in full or negotiate a payoff or reinstatement directly with the lender. Many seasoned investors use this specific scenario to acquire the HOA deed and rent the house out for short-term cash flow while the bank's foreclosure plays out. Because the mortgage is already foreclosing, it makes it a bit harder to keep the property long enough to profit.

Very experienced investors will do something like "The HOA Play" which would require you to defend the foreclosure, but it requires a good legal defense and superior understanding of how to pull it off. Again, because the mortgage is already foreclosing, it makes it a bit harder to keep the property long enough to profit.

Since this is your first purchase, you must pull a comprehensive title search to verify the exact payoff amount of that superior mortgage before you bid a single dollar. You are effectively buying a ticking clock.

Posted 23 hours ago
  
  
Damon Simons
218 × 5 Administrator

Thank you so much! you sir, are greatly appreciated!
v/r
a newbie haha

Posted 19 hours ago
  
  
25 Views
2 Answers
one day ago
19 hours ago

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