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Discussions > Foreclosure & Tax Deed Auctions

Answered
HUD Right of Redemption Period for Subordinate Mortgage After Foreclosure

Hello everyone,

I recently purchased a Florida property at a foreclosure auction. The property has a subordinate HUD mortgage, and the United States / HUD was named and served as a defendant in the senior foreclosure action.

The final judgment explicitly states that HUD has a 4-month redemption period. However, online sources offer conflicting information (some referencing a 1-year right of redemption under federal law versus 120 days / 4 months). Furthermore, a representative at HUD verbally indicated that HUD claims no redemption rights once foreclosed as a named defendant, and that they do not issue formal waiver letters.

Before listing the property for resale, I want to make sure there are no title exceptions or underwriting issues that could derail title insurance for a future buyer.

For those who have dealt with subordinate HUD liens after a senior auction:

  • Did your title underwriter require waiting out the full redemption period (4 months vs. 1 year) before issuing a clear policy?
  • Is there a standard procedure to obtain a formal release or waiver of redemption from the local U.S. Attorney’s Office or HUD?

Any insights or prior experiences would be greatly appreciated!

Posted 6 hours ago
  
  
Votes Newest

Answers


HUD is a different ballgame right now, they aren't playing by the rules anymore.

If it's a reverse mortgage, you absolutely need to be worried.

Watch these two videos Tony made with our Friend Jeff Harrington of Harrington Legal Alliance:

HUD Reverse Mortgage Foreclosure: New Hidden Risk for Investors 1 of 2

HUD Reverse Mortgage Foreclosure: New Hidden Risk for Investors 2 of 2

We are in the process of helping someone with EquityFixers.com that bought a property that was on title free and clear, HUD filed a release a few months before the auction. Then 1 month after this guy purchased at foreclosure auction they filed a "Correction of Satisfaction" with the county, essentially saying "whoops, we didn't mean to file that satisfaction", and demanded payment on their previously satisfied mortgage.

Step 1: Contact attorney for quiet title and do whatever you can to get title insurance as soon as possible. If he would have done it he would have had a solid claim.

Posted 6 hours ago
  
  
Damon Simons
251 × 5 Administrator
15 Views
1 Answer
6 hours ago
6 hours ago
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