If the HOA foreclosed sold my house, do I have a grace period after the sale to still save my house?

My house was foreclosed upon by the HOA for non-payment of fees. It sold my house in auction last week for $7,800. The court advised me that it takes 10 days before the buyer gets the deed transfer. What can I do to save my house before the 10 days? Also, what happens to the mortgage if I no longer have the house?

Asked on October 8, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing you need to do since you lost your home in a sheriff's sale due to a perceived homeowner's association fee issue where it recorded a lien and foreclosed upon your home is to immediately contact and consult with a reputable real estate attorney as to the best means to overturn the sheriff's sale of your home.

In hindsight, this consultation with the suggested real estate attorney should have been done months ago in that had it happened, then most likely you would have not have lost your home in the sheriff's sale.

As to the question concerning the mortgage on your home, since the mortgage was recorded well before the sheriff's sale on your home, the homeowner's association takes your home subject to this mortgage. Meaning, the association is obligated as the new owner of record to pay on the mortgage that you obtained. If it does not, the lender will foreclose on the mortgage and if successful, it will take legal title of your former home from the association.


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