Help I lost my home

Foreclosures

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Help I lost my home

Asmaa Ahmed

Member since 2018 · 21 posts · 0 votes

hello every body i need advice from the professionals I bought home foreclosure for hoa.

Then I discover it have a lean.

I try to rent the home to reback what I pay.

Then the bank get final judgment and I met another auction for the same home.

I try to earn but I lost it on Dec 19.

the new wining call me I tell him I have a tent he tell me it's ok but he ask me to pay him the monthly rent for this month it's start at 3 Dec , and also I take the rent from the tent for the next month and give it to him

My question is :

- is he have the right to take the rent?

-also does any legal gap allows me to make an appeal for the auction

Spichall I found the winning person make three different paids on the same socend on the same auction!!!

And I try to deal with the bank but they refused and make a max paid as higher depending on what I was offer Taking advantage of the situation

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Kyle Schlosser

Specialist · Louisville, KY · Member since 2017 · 166 posts · 154 votes

I have no plans to play in the auction world at this point, however, I must ask...How in the world is that even temotely legal? As I interpret this, it’s “Hey, you can buy this. Just kidding, thanks for your money though.”

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John Thedford
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
7y
You need to talk to an attorney in your state
2 Reply
Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
@Wayne Brooks I bet could decipher this..
But it sounds like you may have bought a HOA lien which was junior to a mortgage or trust deed.
and it sounds like the mortgage or trust deed went through the foreclosure process and extinguished your rights to the property..
if this is the case I suspect you lost your money and they will evict you if your living in the property or if it has a tenant they will introduce themselves as the new owner and start collecting the rent.
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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Asmaa Ahmed As @Jay Hinrichs mentioned, it sounds like you fell into a trap I see somewhat often.
What state is this in? In FL, as most states, if you buy at an hoa foreclosure auction, Any Mortgage On The Property STAYS On The Property. And yes, the mortgage company will foreclose. And yes, the winner at the mortgage foreclosure auction is the new owner and unfortunately you have lost whatever money you paid for the property.
It is Always best to sit down with a real estate attorney for a few hundred bucks before entering the auction foreclosure game to learn about the traps, such as this.
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Asmaa Ahmed
OP
Member since 2018 · 21 posts · 0 votes
7y
Originally posted by @Jay Hinrichs:

@Wayne Brooks I bet could decipher this..
But it sounds like you may have bought a HOA lien which was junior to a mortgage or trust deed.
and it sounds like the mortgage or trust deed went through the foreclosure process and extinguished your rights to the property..
if this is the case I suspect you lost your money and they will evict you if your living in the property or if it has a tenant they will introduce themselves as the new owner and start collecting the rent.
Yes yes that what happened, in Florida, but the new winning catch the home Dec 19 until now he didn't have the title but he ask me to pay him the rent for December.
Also I need to make an appeal it will help me give me some time with the home is this possible in my situation?
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Mark Fries
Contractor · Jacksonville, FL · Member since 2017 · 1k+ posts · 2k+ votes
7y
@Asmaa Ahmed There is no appeal for this...
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Mark Fries
Contractor · Jacksonville, FL · Member since 2017 · 1k+ posts · 2k+ votes
7y
@Asmaa Ahmed @wayne brooks Like Wayne has said...its over, you have lost your money
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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Asmaa Ahmed If the auction was on Dec 19th, the winning bidder received a Certificate Of Sale after paying for the auction....this does not give them legal title. Just like when you bought at the hoa auction, a Certificate Of Title is issued about 2-3 weeks after the auction. You have the right to December’s rent, as the owner.
Unfortunately, there is no appeal to overturn the mtg foreclosure or way to buy you more time. You are no longer the owner once the Certificate Of Title is issued and the money you paid for the property is gone.
The only possible way to delay this, I’m hesitant to even mention it, and it is a long shot: there is a 10 day period after the auction in which a challenge can be filed to the auction (not an appeal) for improper procedures only. IF the mortgage foreclose suit was initially filed After you bought at the hoa foreclosure And if they didn’t attempt to name/serve you as an additional defendant....you may could could get the sale overturned. I’ve never actually seen anyone do this successfully. But, this would simply mean the mtg co would have to amend the foreclosure suit, naming you as an additional defendant, and finish the foreclosure again. At best, this would simply delay th sale for a few months, allowing you to collect more rent. The result will be the same though, the house will be auctioned off again. It would likely cost you a few thousand attorney fees.
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Asmaa Ahmed
OP
Member since 2018 · 21 posts · 0 votes
7y
Originally posted by @Wayne Brooks:

@Asmaa Ahmed If the auction was on Dec 19th, the winning bidder received a Certificate Of Sale after paying for the auction....this does not give them legal title. Just like when you bought at the hoa auction, a Certificate Of Title is issued about 2-3 weeks after the auction. You have the right to December’s rent, as the owner.
Unfortunately, there is no appeal to overturn the mtg foreclosure or way to buy you more time. You are no longer the owner once the Certificate Of Title is issued and the money you paid for the property is gone.
The only possible way to delay this, I’m hesitant to even mention it, and it is a long shot: there is a 10 day period after the auction in which a challenge can be filed to the auction (not an appeal) for improper procedures only. IF the mortgage foreclose suit was initially filed After you bought at the hoa foreclosure And if they didn’t attempt to name/serve you as an additional defendant....you may could could get the sale overturned. I’ve never actually seen anyone do this successfully. But, this would simply mean the mtg co would have to amend the foreclosure suit, naming you as an additional defendant, and finish the foreclosure again. At best, this would simply delay th sale for a few months, allowing you to collect more rent. The result will be the same though, the house will be auctioned off again. It would likely cost you a few thousand attorney fees.
Thank you for your advice, but I'd like to ask At the worst estimate how many months will I get them from this process?
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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Asmaa Ahmed
It’s unlikely you can do anything, the mtg foreclosure was likely filed before the hoa auction occurred. It’s easy to check online.....if you don’t know how, I could look it up for you in a few minutes, with the address.
On the small chance you could challenge the sale, you might delay it 3-5 months, depending on the court dockets and how timely the foreclosing attorneys push it through again.
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Kyle Schlosser
Specialist · Louisville, KY · Member since 2017 · 166 posts · 154 votes
7y
I have no plans to play in the auction world at this point, however, I must ask...How in the world is that even temotely legal? As I interpret this, it’s “Hey, you can buy this. Just kidding, thanks for your money though.”
5 Reply
Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
7y
Originally posted by @Kyle Schlosser:

I have no plans to play in the auction world at this point, however, I must ask...How in the world is that even temotely legal? As I interpret this, it’s “Hey, you can buy this. Just kidding, thanks for your money though.”
it was an HOA auction.. HOA auctions are always junior to the mortgage or almost always unless there is NO mortgage.. I have seen a few of those over the years.. but its rare. people just don't lose their homes very often if they are free and clear by not paying the HOA fee.
this was not probably what you are thinking about IE sherrif sale on mortgages.
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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Kyle Schlosser Well, there’s nothing “deceptive” about it....when you are bidding on any foreclosure auction you have to be aware of what Exactly you are bidding on. The foreclosure process is simply a way for Any lien holder to collect on a debt....it could be a 1st mtg, a 2nd mtg, an hoa lien, a mechanics lien, etc. Also, the online system you have to go thru in FL to bid not only does Not tell you that you’ll get clear title, you have to acknowledge a couple of disclosures that tell you may Not get clear title and to seek legal guidance if you don’t fully understand what you are bidding on.
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Asmaa Ahmed
OP
Member since 2018 · 21 posts · 0 votes
7y
Originally posted by @Wayne Brooks:

@Asmaa Ahmed
It’s unlikely you can do anything, the mtg foreclosure was likely filed before the hoa auction occurred. It’s easy to check online.....if you don’t know how, I could look it up for you in a few minutes, with the address.
On the small chance you could challenge the sale, you might delay it 3-5 months, depending on the court dockets and how timely the foreclosing attorneys push it through again.
Yes yes it's filed before .
could you teach me how I can check for mtg is this easy or I should go to title record company ?
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Kyle Schlosser
Specialist · Louisville, KY · Member since 2017 · 166 posts · 154 votes
7y
@Jay Hinrichs Got it. Thank you—understood. Just had me scratching my head for a moment. Have a great Holiday!
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Asmaa Ahmed
OP
Member since 2018 · 21 posts · 0 votes
7y
Originally posted by @Kyle Schlosser:

I have no plans to play in the auction world at this point, however, I must ask...How in the world is that even temotely legal? As I interpret this, it’s “Hey, you can buy this. Just kidding, thanks for your money though.”
Thank you for replying but at this point your vision was not helpful to me now
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Kyle Schlosser
Specialist · Louisville, KY · Member since 2017 · 166 posts · 154 votes
7y
@Wayne Brooks Thank you for the explanation. At cursory glance, I read into the OP’s post incorrectly. Have a great Holiday.
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Asmaa Ahmed
OP
Member since 2018 · 21 posts · 0 votes
7y
Originally posted by @Jay Hinrichs:

Originally posted by @Kyle Schlosser:
I have no plans to play in the auction world at this point, however, I must ask...How in the world is that even temotely legal? As I interpret this, it’s “Hey, you can buy this. Just kidding, thanks for your money though.”
it was an HOA auction.. HOA auctions are always junior to the mortgage or almost always unless there is NO mortgage.. I have seen a few of those over the years.. but its rare. people just don't lose their homes very often if they are free and clear by not paying the HOA fee.
this was not probably what you are thinking about IE sherrif sale on mortgages.
Correct, I have bad luck with no experience
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Javier D.
Investor · FL · Member since 2017 · 266 posts · 220 votes
7y
@Asmaa Ahmed
You need to speak to an attorney. Hoa are a second position lien.
When buying tax deed sales or other auction style properties due dilligence is required.
Associations in florida are to put it simply scumbags and will try to collect(much more then they are allowed to fine per law) prior to first positions moving from lis penden to foreclosure.
On a side note if you repaired the property in the time you owned it always put a lien while you do quiet title. Most of the time big institutions will do a payoff to you.
Sorry to hear this happened to you.
Lien search=250 bucks
Losing a house to this= masters degree in buying at auctions.
There is profit in everything.
Speak to an attorney whom specializes in quiet title. Dont give up just yet.
2 Reply
Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Javier D. Any lien for “doing work on the property” would be invalid, on it’s face. Mechanic Lien laws are very specific.
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Javier D.
Investor · FL · Member since 2017 · 266 posts · 220 votes
7y
@Wayne Brooks
I had a bank claim on a quiet title action on a house a few years ago. I remember they reimbursed us for the tax deed sale cost as well as repairs we had done. Forgive my ignorance as i am not sure how it was worked by my partner whom specializes in that arena. Ill try to find out.
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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@Javier D. Well, that sounds like a settlement after you bought at tax deed auction.....totally different animal as if the tax deed sale was done properly, the bank is out. In the above case, the bank’s mortgage is at no risk at all in an hoa auction.
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Josh C.Pro Member
Property Manager · Indianapolis, IN · Member since 2010 · 1k+ posts · 1k+ votes
7y
@Asmaa Ahmed
How much money are we even talking about? What did you pay?
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Asmaa Ahmed
OP
Member since 2018 · 21 posts · 0 votes
7y
Originally posted by @Josh C.:

@Asmaa Ahmed
How much money are we even talking about? What did you pay?
It's around 25k $
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Asmaa Ahmed
OP
Member since 2018 · 21 posts · 0 votes
7y
ok does any recommendation for attorney in West palm beach Florida who this working with few cost ?
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David SichermanPro Member
Vendor · Lake Worth, FL · Member since 2014 · 712 posts · 149 votes
7y
@Asmaa Ahmed Ok, you absolutely always at least need to do an O & E report before bidding! Unfortunately I see this happen monthly to bidders who call for searches AFTER they win a bid and pay.
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