What Liens Survive A First Mortgage Foreclosure At Auction?

Question

What liens survive a first mortgage foreclosure? Let’s say you buy the banks lien at the foreclosure auction and you win the bid and own the property. What liens get whipped out and what liens survive?

Wayne Brooks · Answer

Property taxes, any hoa debts whether a lien is filed or not, city/county code violations, utility charges, irs has right to redeem for 120 days, which they never do.

Chad U. · Answer

Add in there some State liens and support liens if they have been converted from a judgement.

Utils are generally water and sewer. Most power companies are not govt entities so any remaining balance typically stay with the borrower.

Ron S. · Answer

Those liens you mentioned get wiped out, other than those not notified of the auction.

Sanjay Aiyar · Answer

Run a title report and make sure there isn't a lien that seems like it's connected to the previous owner that the foreclosing attorney may have missed.  All liens must be included in the foreclosure filing to be properly wiped out.

Lynnette E. · Answer

I do not know about Florida, but in general any government lien should survive--ordered child support, alimony, government hospital bills, as well as any liens that were NOT notified of the foreclosure action.

Brad Warshaw · Answer

@Chad Urbshott thank you.

Brad Warshaw · Answer

@Wayne Brooks thank you. So the only liens that get whipped out are second mortgages pretty much? When you say utility charges you mean water correct? It’s my understanding that Florida Power and alight balances are 0 for new owner even if there is a balance.

Brad Warshaw · Answer

In FL

What Liens Survive A First Mortgage Foreclosure At Auction?

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