Can the same lien be foreclosed on twice?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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