Home Owners Fees in Florida?
Fid d asked:
I am interested in buying properties at foreclosure auctions in the county of Duval (Jacksonville, Fl.). If applicable, under Florida law am I as the new owner of a property foreclosed via the court on behalf of the superior lien holder (the bank) responsible for paying “backpay” to the home owner’s associations? Most of the paperwork for the notice to the sales state that once the certificate of title has been issued that all defendants (including the home owner’s associations) will be foreclosed of claims. Can the Home Owner’s association put in an entirely new lien on the property for overdue fees from a previous owner up until the day that I took possession?
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I am interested in buying properties at foreclosure auctions in the county of Duval (Jacksonville, Fl.). If applicable, under Florida law am I as the new owner of a property foreclosed via the court on behalf of the superior lien holder (the bank) responsible for paying “backpay” to the home owner’s associations? Most of the paperwork for the notice to the sales state that once the certificate of title has been issued that all defendants (including the home owner’s associations) will be foreclosed of claims. Can the Home Owner’s association put in an entirely new lien on the property for overdue fees from a previous owner up until the day that I took possession?
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contact the assocation in question and ask them for a copy of their “bylaws” ,then have a real estate attorney review the bylaws. This may cost you a couple hundred dollars up front, but it might save you a nasty surprise in the future.
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This is one of those questions that you would be wise to run past a lawyer and not the armchair legal experts that populate this site. There is too much at stake.
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If the homeowner’s association fees are in arrears, they could well form the basis of a lien against the property – this would hopefully be something a competent title search would determine.