Overland Park, KS asked in Foreclosure and Real Estate Law for Florida

Q: What happens to an FHA loan on a property if the HOA forecloses through a judicial foreclosure and the property sells.

a condo is for sale at the sarasota county website. The Plaintiff is the HOA and legal doc's say the plaintiff's max bid is the exact amount of what is owed to the HOA for late fee's, etc. The Defendant on the case is the owner of the condo and also Secretary of housing and urban development. In the answer of defendant, on behalf of the US department of housing filing, It states that "with respect to the allegations of the existence of a certain lien arising out of a mortgage set forth in paragraph 15 of the said complaint, this defendant admits that we are the holder of a certain mortgage in the amount of $182 K and recorded in official record , etc." Because this Condo was purchased through FHA loan, if the condo sells at county auction for the HOA foreclosure, what happens to the HOA loan, does it follow the property, hence the purchaser of the condo takes on the FHA loan?

Related Topics:
2 Lawyer Answers

A: Yes, if the FHA mortgage is senior to the HOA lien.

A: The FHA loan does not go away People buy condos at auction of the HOA lien foreclosure and then they are surprised when their to good to be true purchase price is too good to be true since there is still a purchase money mortgage that needs to be paid.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.