New Orleans, LA asked in Foreclosure and Real Estate Law for Florida

Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house. Probably they may come after me, since I am a new owner. I called to another attorney she told me she can do title search but I don’t need title search I already know there is lien attached to house. I need to understand better what’s going on and what can I do if anything? Or should I just wait till they come after me? I have title how someone else can be attached if nobody was there when I purchased it? I want understand, please help me to understand.

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3 Lawyer Answers
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Naples, FL
  • Licensed in Florida

A: When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the home as a result of the foreclosure process. And the second mortgage holder is pursuing its legal option of collecting on the amount still owed to it on the Note directly from the people who signed the Note.

Based on the facts as you describe them, I do not think you should worry about it. However, to confirm what I am assuming to be the case, you would need to retain a lawyer to review the record and the documents.

Best of luck.

Barbara Billiot Stage agrees with this answer

1 user found this answer helpful

Adam Ira Skolnik
Adam Ira Skolnik
Answered
  • Consumer Law Lawyer
  • Deerfield Beach, FL
  • Licensed in Florida

A: Agree with Jane Kim's response. To further secure your title, I would suggest doing a quiet title action and naming everyone who was in the prior auction suit.

You need to consult with an attorney who understands and does quiet title work.

Barbara Billiot Stage agrees with this answer

A: I would suggest you consult with a mortgage foreclosure defense attorney to make sure the foreclosure that resulted in your purchase was done correctly and without defects. If the second mortgage lender was included in the foreclosure action they would not have a claim against you or the property unless there was some defect that would render the judgment void or voidable.

1 user found this answer helpful

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