Approved Short Sale vs HOA Foreclosure Sold at Auction

Approved Short Sale vs HOA Foreclosure Sold at Auction

Investor · Miami, FL · Member since 2015 · 12 posts · 2 votes

Wanted to get any feedback of anyone with possible experience on anything similar to this. What if an APPROVED short sale was underway and notification failed to cancel the HOA foreclosure auction? An auction took place anyway and property was sold and paid for. Now there is an approved short sale scheduled to close in 2 weeks and somewhere someone failed. According to the parties involved, the notifications from the mortgage company went out to all parties. So did the HOA not cancel the auction or did the court not cancel the auction?

Based on this, there will be a a clouded title pending an approved short sale. Was it the court or HOA fault? How does this get proved? There was no mortgage foreclosure filed and the HOA beat the mortgage to the punch. But technically the auction should have never taken place. Is it even possible for the court to refund the auction because the CT has not been provided yet and still in redemption period? Or does the 3rd party buyer now demand repayment at the short sale after proving the CT is in their hands. This is happening more than it should in Miami Dade due to the overflow of Foreclosures in the county. It's a fiasco and messing up all sides of the parties involved - the investors, the homeowners trying to get out, the new buyers getting a short sale deal.

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    @Leslie Fernandez You are a bit confused. A bank approving a short sale has absolutely no effect upon an HOA foreclosing on a property. No court could stop the hoa foreclosure simply because the bank, and some buyer, "want them to". The hoa did what was best for them, as the bank and buyer in the short sale were likely offering only a discounted pay off. The short sale is dead.....period. The property has a new owner now, and there is no "redemption period". The 10 day wait is a period for filing a motion relating to a defective foreclosure proceeding only. The property was likely bought by a professional investor who plans on making their money by renting out the place while fending off and delaying the coming bank foreclosure for a couple years. Whoever was handling the short sale either dropped the ball, or couldn't negotiate a settlement satisfactory to the hoa.

  • Investor · Miami, FL · Member since 2015 · 12 posts · 2 votes
    10y
    Wayne Brooks Thanks for your reply. Let me clarify... According to the short sale contract, the HOA was getting full settlement from the purchase by both bank and buyer and foreclosure should have been suspended so that the sale can close as scheduled. But the auction happened anyway. Is it possible that the courts didn't cancel and were notified? Doesn't make sense if the HOA was going to be settled that they would continue thru the auction.
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Then someone dropped the ball....did you see the actual approval letter, and approved closing statement?  As for the court stopping the sale, they have no right, or the derive, to cancel the sale because someone has "agreed to pay the hoa at some proposed short sale closing".  Only the hoa could have postponed the auction, or the seller would have needed to file motion to get the auction postponed, and convinced the judge the short sale was imminent....we've had to do this many times to proceed with a short sale.  Whoever was handling this dropped the ball, or the seller just didn't care.  Nothing can be done now, and the hoa can't reverse it now even if they wanted to, and why would they?  Time to move on.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Leslie Fernandez  I have bought many a foreclosure were someone said the bank approved this the bank approved that.. as @Wayne Brooks states this has no bearing on the sale.. Unless the party who lost the property can prove they paid the HOA and the sales should have been terminated anything short of that is a different subject and the HOA has no need to follow a RE contract.

    If the bank wanted to do something they could have paid the HOA lien in full added it to their debt and then negotiated further.

    At least that's how I see it

  • Investor · Miami, FL · Member since 2015 · 12 posts · 2 votes
    10y
    Jay Hinrichs Wayne Brooks Excellent feedback... Much appreciated! Tomorrow may shed some light on "who" dropped the ball. The HOA is suspect. Regardless, as you said, it's a done deal now. Wasn't sure if 10 day period could possibly anull the HOA foreclosure if anything was signed and agreed upon by them and proven. Otherwise, looks like only HOA really wins here. Investor could potentially be bought out with short sale for the right price or they could squash deal if they want to hold and recover rents. However, now that the bank will be aware, wouldn't that possibly speed up the foreclosure process timeframe for the investor renting out the property? Their profit margin would potentially take an impact. Unless "speeding up foreclosure" is unlikely...
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