Lutz, FL asked in Real Estate Law for Florida

Q: Is my father liable for HOA Payments

My father won a property at auction in pasco county florida. It was a foreclosure auction through court house in which he secured the title, but was told by the bank and lawyer that he had no rights to the property and could not sell it. The HOA is now billing him. Is he responsible for these payments? What happens if he does not make them?

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1 Lawyer Answer

A: It depends on what type of foreclosure occurred. No one should bid on property in Florida without first hiring an attorney to research the property for liens and other encumbrances on the property. If it was a HOA foreclosure, the past due assessments are paid by the judgment, but your father, if he took title is liable for any HOA assessments which come due while he owns it. If he does not pay, the HOA can foreclose on him or sue him for damages in order to execute a judgment, which is a possibility if no one buys the property at another auction. If there is a mortgage on the property, he took it subject to the mortgage and must pay the mortgage or wait for the bank to foreclose.

If you father purchased through a bank foreclosure, he may be liable for past due assessments and current assessments.

If he purchased through a tax deed sale, it wipes out most liens and mortgages, but he does have to pay assessments.

He needs to take his paperwork, title and a copy of the HOA documents to a real estate lawyer to review and give him an answer. He should not rely on you asking general information in an online forum and you should not be giving him legal advice you read on the internet. That would be the unlicensed practice of law. This is just general information to guide you in the right direction.

****** DISCLAIMER: This information is being provided on a limited basis, is based on limited information, and is not intended to be relied on or to create an attorney-client relationship. Please consult with an attorney in person to review the evidence and facts of your situation. *******

Seril L Grossfeld agrees with this answer

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