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I bought a property last monday on foreclosure, i ordered…

Customer Question
Hello i bought a...

Hello i bought a property last monday on foreclosure

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

I ordered the title and the leeds

Lawyer's Assistant: Has any paperwork been filed?

But i need to know what i bought exactly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Florida

Submitted: 8 months ago.Category: Real Estate Law
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Customer reply replied 8 months ago

the case number ***** ******************

Answered in 9 minutes by:
11/13/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,904
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. I am sorry the case number ***** ***** out by the site on my end. What are you trying to ascertain?

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Customer reply replied 8 months ago
i bought a foreclosure last monday. i check all the deed and the title. but i just want make sure about what i bought exactly
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

The title and deed should tell you the type of property. Can you attach those documents?

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Customer reply replied 8 months ago
the title is on the name of the promotor and the forecloure on the name of someone else.
Now i just want to know what did i bought with that foreclosure
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

I would need to see some documentation to assist you. Are you asking what type of property you purchased?

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Customer reply replied 8 months ago
no i just asking what i bought.. if i bought the property and i will get the tittle on my name
Customer reply replied 8 months ago
here is the court documents
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Were you the highest bidder?

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Customer reply replied 8 months ago
i was and i paied at the court already
Customer reply replied 8 months ago
but the foreclosure was over mr Ortiz but the title is on LENNAR HOMES LLC
So i just want make sure i own the house now
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Perfect. You purchased a condo foreclosure. There may be other liens on the property such as a mortgage. Once you have the title we could see if there are any liens that you would be taking the property subject to.

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Customer reply replied 8 months ago
but when i ask a title compagny they send e a title at the name of LENNAR but not on the name of Ortiz
I paied 49k but i dont know if i bought a house or something else
Customer reply replied 8 months ago
how can i order a title now? cause with the adress only the title of the promotor buider come and no mortgage on it
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

You purchased the Ortiz property that was foreclosed by the HOA/Lennar.

The title changed to Lennar after they were successful in foreclosing Ortiz.

https://www.nolo.com/legal-encyclopedia/florida-hoa-coa-foreclosures.html

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Customer reply replied 8 months ago
i own the house? and how should i know about mortgage if their is any?
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

You will want to get a copy of title from a title company. You would order the title based on the fact that you are the purchaser of the HOA foreclosure.

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Customer reply replied 8 months ago
ok so if they have a mortgage on this property i have to pay for it? or i can ask for his cancelation?
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Let me provide that information for you.

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Customer reply replied 8 months ago
thank you it s the first time i buy a foreclosure and i don t know if i lost all my money or if i buy a house that i can enjoy with my family
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

I understand. I am providing the link. When you post a response my response is kicked off. Let me post again.

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

If there is a mortgage that was recorded prior to the HOA lien you purchased the property subject to that mortgage. http://www.primerus.com/business-law-articles/a-warning-to-investors-in-florida-superior-liens-survive-foreclosure-sales.htm

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago
Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
i ordered a title already to easy title but it says the title owner is LENNAR and nomortgage on it
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

"Two Florida laws speak to lien priority. According to changes in 2008 to the HOA law and changes in 1992 to the COA law, for purposes of lien priority, you use the date that the HOA or COA recorded its Declaration of Covenants, Conditions, and Restrictions (CC&Rs) or Declaration of Condominium (Fla. Stat. Ann. §(###) ###-####1), § 718.116(5)(a)). This is advantageous to the HOA or COA because its lien might get priority over another lien recorded before you became delinquent on the assessments if the association's declaration was recorded even earlier.

There’s a wrinkle though. In some cases the association cannot use the earlier lien priority date. Here’s why.

  • If a lender or other entity recorded a lien against your home beforethe laws were enacted (July 1, 2008 for HOAs and April 1, 1992 for COAs), then the HOA or COA lien priority date does not go all the way back to the recordation of the CC&Rs or Declaration of Condo unless something in the HOA or COA declaration allows the association to use the earlier lien priority date.
    • Even if the declaration provides language allowing the association to use the earlier date, some courts have ruled otherwise – that the lien priority position does not go all the way back to the recordation of the declaration.

    Needless to say, the law in Florida on lien priority of HOA and COA liens is complicated. If you have questions about how this will impact you if your home or condo is foreclosed, talk to a Florida attorney specializing in foreclosures.

    When it comes to first mortgages of record, the lien is effective from and after the date the HOA or COA records the lien in the public records in the county where the property is located (Fla. Stat. Ann. §(###) ###-####1), § 718.116(5)(a))." https://www.nolo.com/legal-encyclopedia/florida-hoa-coa-foreclosures.html

    If the HOA lien came first you are not taking subject to any mortgages.

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    Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

    That is correct way the title would show after a foreclosure.

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    Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

    I can provide a link for a local Attorney that provides FREE consultations that can assist with you a review of the title.

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    Customer reply replied 8 months ago
    please
    Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago
    Ask Your Own Real Estate Law Question
    Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

    Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

    If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

    You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

    Thank you for your consideration.

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    Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

    Are you still online with me?

    Ask Your Own Real Estate Law Question
    Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

    The Attorneys do not receive credit for our work from the site if the customer does not rate us positively. Thank you for your consideration. Are you online with me?

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