Lake Worth, FL asked in Foreclosure and Real Estate Law for Florida

Q: In an auction, I paid off HOA fees and received a Certificate of Title. Afterwards, I learned that there is a mortgage

There is a mortgage on the property, but the mortgage company hasn't foreclosed on the property. Am I allowed to rent out the property?

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

A: Yes, until the property is foreclosed on and sold pursuant to that foreclosure.

Barbara Billiot Stage agrees with this answer

1 user found this answer helpful

A: Unless your HOA has rental restrictions, you can rent the property as long as you have title to it. The mortgage company may or may not serve you with a foreclosure complaint depending on how well they research the title before filing to foreclose. If your tenants are served they may not forward the complaint to you, so keep an eye on the court records to see if a foreclosure gets filed and then hire an experienced foreclosure defense attorney to see if it is feasible to fight the foreclosure or possibly work out a resolution.

1 user found this answer helpful

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