Does a lien placed by an HOA survive a county tax deed sale even when the HOA has received a pro rata distribution from the sale?

UPDATED: Sep 1, 2011

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Does a lien placed by an HOA survive a county tax deed sale even when the HOA has received a pro rata distribution from the sale?

Asked on September 1, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the homeowner's association has placed a recorded lien on a piece of real property where the real property was sold at a tax sale for unpaid property taxes and the homeowner's association has received some monies from the sale of the property after the county property tax lien was paid in full, the association's lien as to the prior owner of record no longer exists as the result of the sale.

The new property owner takes the purchased property at auction free and clear of the association's previously recorded lien for unpaid monthly dues and the like not made by the prior owner.

The rationale is that the new owner paid consideration for the the unit at auction and he or she takes legal title absent the previously recorded lien tnat resulted from an unpaid obligation owed by the prior owner who lost the property at the county tax sale.

Good question.

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