Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I went to court yesterday and lost; the condo association…

I went to court...

I went to court yesterday and lost; the condo association received a uniform final judgement of foreclosure and my condo is going to be sold via an online auction in 35 days. My first mortgage is current though. What is the likelihood that the first mortgage company will foreclose as well?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the condo located?

Florida

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
1/9/2018
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 3,697
Experience: Helping you with your legal questions.
Verified

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Ask Your Own Real Estate Law Question

The rights of the Bank and its first mortgage on the property, being superior to the rights of the Association, are not affected by foreclosing your lien. Thus, if the title is awarded to the Association at the foreclosure sale, the mortgage is still there as a “lien” on the property and it can be foreclosed by the Bank.

If the mortgage is not paid, the Bank can still foreclose on the property.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 3,697
Experience: Helping you with your legal questions.
Verified
Damien Bosco and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Ok, but what if somebody else buys the condo for the judgment amount of 79k...they can't get clear title because of the banks superior lien, so, can the new "owner" come back after me for payment?

The new owner cannot come after you if you do not continue to pay the mortgage. Either the new owner can pay the first mortgage holder to prevent the filing of a foreclosure action by the bank. Or not pay the first mortgage holder and simply allow the property to fall into foreclosure again. Also, if the bank forecloses and the court finds that the foreclosed property was worth more than the note balance on the sale date, the court will not give the mortgage lender a deficiency judgment against the borrower. The mortgage lender has one year after the foreclosure sale to file a motion for a deficiency if the property does not cover the mortgage amount.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 3,697
3,697 Satisfied Customers
Experience: Helping you with your legal questions.

Damien Bosco is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can the president of a condo Association community legally
Can the president of a condo Association community legally file a lawsuit on behalf of that association without passing a vote or consulting the members of that association prior to hiring the law fir… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Can a condo association refuse to allow leasing of units in
can a condo association refuse to allow leasing of units in missouri … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live within a condo Homeowners Association. There is a
I live within a condo Homeowners Association. There is a paved walk in front of my home which the Association claims is a sidewalk owned and controlled by the association. I have researched my deed wh… read more
Lori
Lori
Juris Doctor
634 satisfied customers
I need title search explanation about first mortgage and
I need title search explanation about first mortgage and second mortgage if after bidding on home if I win, am I paying to second mortgage company also or not. I have title search letter just need cla… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I live in Barefoot Resort Residential Association, an HOA.
I live in Barefoot Resort Residential Association, an HOA. The BRRA BOD is willing to consider replacing a wooden fence installed by thr Sponsor 10+ years ago. The sponsor is no longer involved with t… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
1. Is there a tennant's association or something like that
1. Is there a tennant's association or something like that in Steuben County New York State that helps and supports tennents in disputes with landlords?2. I have been a renter for 11 years and am havi… read more
Damien Bosco
Damien Bosco
Attorney
3,697 satisfied customers
Second Mortgage with a bank different than the first
Second Mortgage with a bank different than the first mortgage holder . Second Mortgage holder just sent me a letter stating I had 14 days to clear this up, or they would begin foreclosure proceedings.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
PA** we're looking at buying a foreclosed property for
PA** we're looking at buying a foreclosed property for rehab/resell. The house appears to be reasonably maintained prior to the foreclosure but we notice that it's got a buried oil tank next to the ho… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 satisfied customers
I owe 84,000 dollars on my first mortgage with 25 years
I owe 84,000 dollars on my first mortgage with 25 years left. I have enough money to pay it off and still have 40k plus in reserves. I own 2 investment properties at 50% LTV and they both make money e… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 satisfied customers
What are the requirements for a Condo Association to have a
What are the requirements for a Condo Association to have a Capital Reserve done by an outside agency. This is for the state of Ohio. Can the Board perform one on its own? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 satisfied customers
My first mortgage held by of A was successfully modified,
My first mortgage held by B of A was successfully modified, but before the process was concluded and the modification on the 2nd mortgage (also held by B of A) could begin, B of A's claim with Old Rep… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
This is in regards to a deficiency on a foreclosed property
This is in regards ***** ***** deficiency on a foreclosed property that had both a first and second mortgage. What is the statute of limitations? … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
Our condo association bylaws indicate the association own
Our condo association bylaws indicate the association own the sliding glass doors. How do you go about get getting the association to replace doors that are leaking? With Irma, our condo suffered dryw… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If there is a first mortgage on a property, can the HOA
If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,917 satisfied customers
If the debtor has a first mortgage where a payment has not
If the debtor has a first mortgage where a payment has not been made for over six years in Utah, and the debtor has not affirmed the debt, does the creditor lose his ability to collect personally agai… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
First mortgage taken in 2006 was not recorded by the title
Hi. First mortgage taken in 2006 was not recorded by the title company for some reason (mistake on their part/document lost). HOA is claiming that they have priority on their arrears because the mortg… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am looking to sell my home in GA. My first mortgage is
I am looking to sell my home in GA. My first mortgage is paid on time, but my heloc was charged off. I need advice on what to do. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
I live in Michigan. I have a first mortgage im passed due on
I live in Michigan. I have a first mortgage im passed due on and a heloc that went to a collection agency about 7 years ago. I was paying the collection agency until i lost my job about 2 years ago. I… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x