New Orleans, LA asked in Real Estate Law for Florida

Q: I purchased house in auction 1,5 years ago. Now another lien attached to property showed.

I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they going after former owners, not me. I called another attorney and he said: nothing to worry, no lien on house. Anyway one year later they foreclosed house and trying to take it from me. I talked to another attorney who said: it was first mortgage and it has priority.

I have no choice and to not loose my house pay this lien attached to property, but can I sue auction selling me property with hidden lien since my title says: “no objections to the sale have been filled within the time allowed for filling objections.”

Can I hire attorney who can do case for me?

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2 Lawyer Answers
James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Florida

A: Unfortunately, when you purchased the property, you purchased it subject to all superior interests including the one that was recently foreclosed. Your only recourse at this point would be to collect any surplus from the most recent foreclosure auction. Schedule a free consultation to discuss further details.

Barbara Billiot Stage agrees with this answer

1 user found this answer helpful

A: No, you can sue the auction. It is the bidder's responsibility to perform a diligent search to uncover all liens, so of which might not be so obvious. The notice from the clerk stating "no objections" had nothing to do with the lien. The clerk issues a certificate of sale and that gives the owner 10 days to redeem the property to get it back. After 10 days the clerk issues the certificate of title with the language "no objections" meaning no owner came forward.

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