All Forum Posts by: Tomas Lorentz

 You are welcome. 

Thanks Ron.

The statement remains incorrect however. I suspect you are confusing the term "need" with "should". In addition, although appreciated, you are making several assumptions and interpretations in your post that are mistaken. 

Thanks Patrick.

But your claim that I need an attorney is incorrect. Florida allows such matters to be litigated pro se, 

Thanks.

But I will do this Manderolian style. 

I purchased a HOA foreclosed property through our counties judicial online auction in March of 2019. A certificate of title was subsequently issued to my name and I am the sole title holder on record. Said title is also recorded in the county's official records.

Yesterday the county held another foreclosure auction on this property initiated by the bank holding a lien on the property and the property was sold to an unknown party. I was not named in the lawsuit / final judgement as a defendant. I've looked up several cases which would appear similar to the situation I am in. The most relevant and recent one I could find is from the Court Of Appeals of this same county.

https://www.carltonfields.com/Librar...-v-Kokolis.pdf

If I understand what transpired in the case correctly, the summary of what happened is that:

1. The HOA auction winner, and subsequent owner / title holder on record was not notified of the bank foreclosure. (like meself)
2. Bank forecloses later on and property is auctioned off to new entity.
3. This new entity notices the title being in the name of the HOA auction winner and files suit to re-foreclose.
4. New entity argues that property should be "forever discharged", or wiped clean of all interests, because the HOA winner did not intervene in the bank foreclosure.
5. HOA auction winner argues the bank foreclosure is void since he was not named in suit.
6. Trial court finds bank foreclosure / final judgement "not void" for failure to name HOA winner and gives HOA winner a chance to purchase the property.
7. HOA winner presumably does not like the sum or "redemption" amount offered to him to purchase the property at re-foreclosure and appeals trial court's decision.
8. Appeals court reverses trial court summary judgement.

I suppose this means I have a pretty good chance of getting that foreclosure / final judgement voided / vacated. Is that correct?

My question is also what happens next? Would the bank need open another case to re-foreclose the property ensuring the HOA winner is named in the suit (me) given that the bank foreclosure can be voided/vacated by a trial court?
What's the best way of going about this. Do I just sit tight and wait for the new owner to try to re-foreclose on the property and then see what price is offered to me for purchase? or do I need to be pro-active here and move to vacate the final judgement / foreclosure by the bank that just happened?

Look up the property on the official county records for Lakeland and find the final judgement document. It should state there what the bank claims it is owed for the property. To find the document you will need to know a case number, name of the previous owner, or some other criteria relevant to the property. Not just the address. 

Alternatively you can also get a title search done. That should list the amount of the lis pendens the bank placed on the property.