by: Michael Dujovne, Esq. | August 5, 2016
Answer: Not necessarily. A certificate of title issued by the clerk of court after a foreclosure sale provides no warranties of title. A foreclosure judgment eliminates the interests of the defendants named in the judgment. A foreclosure judgment has no effect on any party not named as a defendant. It is improper to name lenders with superior liens as defendants. For example, if a second mortgage holder files a foreclosure, the first mortgage holder would not be named as a defendant. This means that the first mortgage lien remains against the property despite the foreclosure. Anyone buying the property at a foreclosure sale would take title subject to the first mortgage. Liens for unpaid real estate taxes are superior to mortgage liens. Anyone buying the property at a foreclosure sale would take title subject to the tax liens. Sometimes a homeowner’s or condominium association forecloses on a small lien. That is a red flag that there are probably larger superior liens that will not be foreclosed and remain on the property even after a foreclosure sale. It is always best to have a good title search done on a property before you bid on it.
Michael E. Dujovne, Esq., of Volk Law Offices, P.A., practices in the areas of real estate, business and civil litigation. VolkLaw is located at 1901 S. Harbor City Blvd., Suite 700, Melbourne, FL 32901. VolkLaw Offices' telephone number is (321) 726-8338. The matters discussed here are general in nature and are not to be relied upon as legal advice in the absence of a consultation with Volk Law Offices. No attorney-client relationship is intended or created as a result of matters discussed here. Volk Law Offices and its attorneys and other employees make no representations or warranties with respect to the matters addressed.
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