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General Landlording & Rental Properties

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Daniel Mich
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HOA FORECLOSURE FLORIDA

Daniel Mich
Posted Oct 6 2020, 14:51
HI I RECENTLY BOUGHT AN HOA FORECLOSURE, BUT I WAS NOY AWARE THERE WAS ANOTHER LIS PENDENS ON THE PROPERTY BY A FIRST MORTAGE, FOR NOW ONLY CERTIFICATE OF SALE HAS BEEN ISSUED, IS THERE SOMETHING I CAN DO TO REVERT IT BEFORE CERTIFICATE OF TITLE IS ISSUED??

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Colin G Murphy
  • Investor
  • Tampa, FL
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Colin G Murphy
  • Investor
  • Tampa, FL
Replied Oct 7 2020, 14:32

Hi @Daniel Mich

I´ve bought a lot of properties in foreclosure and have not heard about anybody getting a refund after you´ve paid the money to the County Clerks office. No harm in calling them and asking. How much money are we talking about here? If it is a lot, you should get in touch with a real estate attorney to evaluate your options. 

You obviously realise this now, but existing mortgages (especially ones in pre foreclosure!) are the first thing on your due diligence to check before bidding on a HOA foreclosure. You can look up the original mortgage value in the public records and use an amortisation table to estimate how much is outstanding (you´ll know the exact amount when a judgement follows the lis pendens).

If the value of the home is significantly higher than the value of the mortgage, you still might have a deal on your hands. You might want to consider partnering with a more experienced investor to make it work. If the value of the mortgage judgement is higher than the value of the home, then the HOA lien you´ve purchased is worthless.