If a condo went into foreclosure, is the new owner who buys it at auction responsible for the past due HOA fees if it’s not yet recorded as lien on the property?

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If a condo went into foreclosure, is the new owner who buys it at auction responsible for the past due HOA fees if it’s not yet recorded as lien on the property?

Asked on November 20, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my understanding that under the Florida statute, any buyer is jointly and severally liable for the past due assessments of any previous owner, even if acquiring title through foreclosure.  You are concerned about notice of the fees as a lien and the impact it has on your particular situation.  Although I understand your point, it probably does not matter under the statute.  But bring the documents to an attorney to review.  It is likely that you could go after the original owner for the fees. 


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