Asked in Real Estate Law for Florida

Q: If you purchase a condo on the courthouse steps. Are all liens and judgements dated, recorded after the first mortgage

(which is what is being sold) null and void?

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Yes, your interest in the property is not subject to the liens recorded after the mortgage was recorded.

1 user found this answer helpful

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: Not necessarily. If the Plaintiff failed to include all of the junior lien holders in the foreclosure action or if there are lien holders with an interest superior to the party foreclosing, there could still be liens against the property and you would take ownership subject to all of those surviving liens. Your best bet is to order a title search on the property PRIOR to the foreclosure sale so you don't inherit headaches and liabilities that you did not budget for.

1 user found this answer helpful

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Null and void automatically? No. They must have been named in the foreclosure case to have their interest foreclosed otherwise their lien remains. Further, any liens superior to the foreclosed lien remain on the property as you can only foreclose out liens junior to the one being foreclosed, not senior. If you are purchasing auction properties you need a lawyer before buying to investigate this sort of stuff before you put down your money, not after.

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