Can the same lien be foreclosed on twice?

UPDATED: Sep 14, 2011

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Can the same lien be foreclosed on twice?

I bought a property at an auction from an HOA 7 months ago for $200. Now they filed a lis pendens against me for fees they already foreclosed on; all of the fees are dated before my purchase date. 

Asked on September 14, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you purchased real property at an auction several months ago concerning recorded liens for association dues that had not been paid, all junior recorded liens were wiped out by the foreclosure as a matter of law. This would include all liens recorded by the homeowner's association subsequent to the one that you foreclosed upon.

The problem that I see is that you might have acquired legal title to the property through a lien sale by the homeowner's association but the lien that you paid off to get title to the property may have been junior to liens recorded by the association before the one that you eliminated via your purchase.

If so, you bought the property subject to pre-existing liens that still remain.

I suggest you consult with a real estate attorney.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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