Legal Question in Real Estate Law in Florida

I just bought a home thur the court house on a forclsure auction on line. It was on the foreclosure list from a homeowners association. I believe it had a second mortgage on it now. Because we pick the title on the house from the court house on may 1. The clerk said it was free and clear. Now after living in the house for 3 months. I get a letter in the mail from a bank saying we have 10 days to respond to them. They said unless we are willing to service the debt,they will proceed with foreclosing the morgage against the property. I dont know what to do. Please can give me any advice on what to do.

added info you might need/ on the certicate of title from the court house

has homeowners association (plaintiff)

vs

previous owner name (defendant)

certificate of title

property lot xxxx address xxxx was sold to me address xxxx

witness xxxx as clerk of the circuit court and seal of said court

dated and stamp

from court house


Asked on 8/02/12, 8:48 am

1 Answer from Attorneys

Stephen Orchard Law Offices of Stephen Orchard

Unfortunately this is a common problem with foreclosures involving associations. You are likely correct, there is probably a mortgage on the property and title is in fact not clear. The clerk cannot give advice as to the condition of title to the property, you must have a real estate attorney or licensed title company research and review the title to this property immediately. Best of luck

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Answered on 8/02/12, 9:02 am


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