Q: I won an auction HOA lien,but want to walk away as it has a mortgage. Can I walk away and take my loses without any reco
My wife and I purchased a property via Miami Dade County's website (1) for foreclosed properties. On March 8, 2021, we were the successful bidders on 2591 SE 13th Court Homestead, FL 33035, for an amount of $65,600 + court docs fees for a total of $67,230. This was going to be the home we moved into and called home as it was close to her job and close to the Homestead VA hospital for me to attend my appointments as well as the Homestead Air Force base.
During the last two weeks we have been contacting the association to see if anyone was living at the property, but all they could say is to wait for the certificate of title to come in and then go from there. Additionally, one of the associations gave me their attorneys contact information and suggested I reach out to them as they might have more information on the property and the association dues etc... I contacted the attorney and today he replied telling me that I needed to hire an attorney as I had only bid
A: Not all of your facts posted, but it appears you have an issue with more than one HOA having a lien on the property as well as a mortgage. You need to hire an attorney as soon as possible. Once the title issues you are 'jointly and severally' liable for any past due assessments of any previous owner if there are other associations with liens on the property. This means the other HOA could possibly foreclose on you, but you also have a claim against the previous owner. Additionally, the mortgage may or may not be something that can be negotiated depending on your finances and the balance of the mortgage.
Since each case like this is fact specific, at least consult with a real estate attorney who has experience in foreclosure defense and HOAs.
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