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Seattle Scott
Seattle Scott, Lawyer
Category: Real Estate Law
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Experience:  I have 25 years experience as a Washington State Real Estate Attorney
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Does foreclosure by a HOA wipe out a first mortgage lien on

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Does foreclosure by a HOA wipe out a first mortgage lien on a property in Florida?

I don't think so - but I sometimes get my states mixed up. I will check on that and get back to you in a half hour.


Ok here you go:



§(NNN) NNN-NNNN Payment for assessments; lien claims



When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments and other amounts provided for by this section. Except as otherwise set forth in this section, the lien is effective from and shall relate back to the date on which the original declaration of the community was recorded. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the parcel is located. This subsection does not bestow upon any lien, mortgage, or certified judgment of record on July 1, 2008, including the lien for unpaid assessments created in this section, a priority that, by law, the lien, mortgage, or judgment did not have before July 1, 2008.




So only a first deed of trust/mortgage would have priority and not be wiped out in a HOA foreclosure sale.

Customer: replied 4 years ago.

Thank you.

You are welcome - glad I was able to find the controlling statute.
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Thanks for the nice response.