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

UPDATED: Oct 8, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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 AttorneyPages.com 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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