Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,578
Experience: Attorney. Well versed, understanding, friendly
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, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,578
Experience: Attorney. Well versed, understanding, friendly
Verified
Damien Bosco and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months 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, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,578
4,578 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

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
I live in a 55+ community. according to association
I live in a 55+ community. according to association documents no one under 19 can reside in the community. My grand daughter who is a cancer servicer and his 2 years son are living with me until she c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
I have a question regarding associations and their
I have a question regarding associations and their regulations … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
Real estate mortgages, I got a mortgage with an adj rate its
real estate mortgages , I got a mortgage with an adj rate its the 1 year libor plus 2.25 percent, is this ok or would the treasury index been better ?… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
On the mortgage or deed but have been paying the mortgage
my name is ***** ***** the mortgage or deed but have been paying the mortgage frm sept.2015 -apr,2018 I don't have I know legal rights but I still want to know if there is anyway that can protect me … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
I have a first mortgage in Nevada that has been assigned
I have a first mortgage in Nevada that has been assigned most recently to Deutsche Bank (SPS servicing) that I was able to modify previously with Bank of America. I have basically been current on that… read more
Michael Gonzalez
Michael Gonzalez
JD
581 satisfied customers
If an association plants trees on their property in front of
If an association plants trees on their property in front of my house who is responsible for trimming it?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
MORTGAGE QUESTION: When mortgage lenders make loans to
MORTGAGE QUESTION: When mortgage lenders make loans to individuals to purchase a condominium/home where there is a Condominium Association / Home Owners Association (HOA), do they typically require be… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
My question is in regards to homeowners associations for a
My question is in regards ***** ***** associations for a maintenance provided community. There are by-laws and covenants and then there are rules and regulations. In the community in which I live, the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
My mortgage is current. I owe $763 in association dues. I
My mortgage is current. I owe $763 in association dues. I just received a "summons for eviction" and I was to know if this is reversible. I have the ability to pay the balance to zero immediately. … read more
lucy7368
lucy7368
Juris Doctor
763 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
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
4,113 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
4,113 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
1,038 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
26,935 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

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