Legal Question in Real Estate Law in Florida
a house is sold on the courthouse steps. what is the new owner's responsibility regarding an unpaid mortgage taken out by the seller?
Asked on 12/10/10, 9:13 am
1 Answer from Attorneys
Shelly Schellenberg MI & FL
private practice
Your question points out why people should consult an attorney before buying property. Courthouse step sales are NOT a financial activity for novices. Generally, if a 1st lienholder forecloses, and the property is sold at "sheriff's sale", then subsequent lienholders (mortgagees) are left without recourse, because they were supposed to have received notice of the foreclosure. However, if a 2nd or 3rd level lienholder forecloses, then the buyer takes the property subject to all superior liens, including mortgages.
Answered on 12/15/10, 11:07 am