Legal Question in Real Estate Law in Florida

lein holders

i puchased a house at a foreclosure sale, a subordinate lein holder went unnamed or noticed.

what are my options ?I've heard other bidders at the sale mention a reforclosure. Is there such a thing?


Asked on 11/19/07, 11:13 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: lein holders

Never heard of it.This is the danger you face purchasing at a foreclosure. Usually, there are no warranties and you must do your homework.

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Answered on 11/19/07, 11:27 am
Scott R. Jay Law Offices of Scott R. Jay

Re: lein holders

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unfortunately, this is a danger of buying at a foreclosure sale without doing your homework by reviewing the title in advance. You are now responsible for the lien if you want to clear the title. I am unaware of any procedure to reforclose the property to wipe it out. What basis would you have? Why would your rights be primary to anyone else who already filed a lien? You should try to contact this lienholder and make a settlement if you can.

Scott R. Jay, Esq.

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Answered on 11/19/07, 11:50 am


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