Cloud on Title after foreclosure???
Of the thousands of foreclosures happening every year in every county, what percentage of them is the defendant not properly served? Will that cloud the title after the foreclosure sale? Can the previous owner still claim an interest if they were never served?
Whether its a bank foreclosure, hoa foreclosure, condo association lien or any other foreclosure action. Not only in Palm Beach County, Broward County, Miami-Dade County or any other county within the state of Florida but also any county of any state whatever they call it, judicial or non judicial, a foreclosure.
Here in Palm Beach I see it all the time: Summons Issued-Service Returned, Not Served-Affidavit of Diligent Search-Notice of Action-Publication-Proof of Publication-Default-Final Judgement-Foreclosure Sale-Certificate of Sale-Certificate of Title... Done. You get title and then take possession.
If the Plaintiff published the notice as required by law, and the case was allowed to move forward, the foreclosure was completed, the sale took place and no objections were filed, you got your CT... Aside from any liens that survive an HOA foreclosure, can there still be a "cloud on title"? Specifically, can the previous owner still claim that they were never served, and contest the foreclosure sale? What will a closing/title agent say? Can you get a title policy?