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  1. #1
    Join Date
    Apr 2016
    Location
    Florida
    Posts
    46

    Default Is Florida Foreclosure Void if Certificate of Title Owner Not Named

    My question involves real estate located in the State of: Florida Man

    I purchased a HOA foreclosed property through our counties judicial online auction in March of 2019. A certificate of title was subsequently issued to my name and I am the sole title holder on record. Said title is also recorded in the county's official records.

    For more background, but on an unrelated issue, I had started another thread related to this property here: https://www.expertlaw.com/forums/sho...d.php?t=245336

    Yesterday the county held another foreclosure auction on this property and the property was sold to an unknown party. I was not named in the lawsuit / final judgement as a defendant. I've looked up several cases which would appear similar to the situation I am in. The most relevant and recent one I could find is from the Court Of Appeals of this same county.

    https://www.carltonfields.com/Librar...-v-Kokolis.pdf

    If I understand what transpired in the case correctly, the summary of what happened is that:

    1. The HOA auction winner, and subsequent owner / title holder on record was not notified of the bank foreclosure. (like meself)
    2. Bank forecloses later on and property is auctioned off to new entity.
    3. This new entity notices the title being in the name of the HOA auction winner and files suit to re-foreclose.
    4. New entity argues that property should be "forever discharged", or wiped clean of all interests, because the HOA winner did not intervene in the bank foreclosure.
    5. HOA auction winner argues the bank foreclosure is void since he was not named in suit.
    6. Trial court finds bank foreclosure / final judgement "not void" for failure to name HOA winner and gives HOA winner a chance to purchase the property.
    7. HOA winner presumably does not like the sum or "redemption" amount offered to him to purchase the property at re-foreclosure and appeals trial court's decision.
    8. Appeals court reverses trial court summary judgement.

    I suppose this means I have a pretty good chance of getting that foreclosure / final judgement voided / vacated. Is that correct?

    My question is also what happens next? Would the bank need open another case to foreclosure the property ensuring the HOA winner is named in the suit given that the bank foreclosure will be voided/vacated by the trial court?
    What's the best way of going about this. Do I just sit tight and wait for the new owner to try to re-foreclose on the property and then see what price is offered to me for purchase? or do I need to be pro-active here and move to vacate the final judgement / foreclosure by the bank that just happened?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,702

    Default Re: Is Florida Foreclosure Void if Certificate of Title Owner Not Named

    Quote Quoting Victory VI
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    My question is also what happens next? Would the bank need open another case to foreclosure the property ensuring the HOA winner is named in the suit given that the bank foreclosure will be voided/vacated by the trial court?
    What's the best way of going about this. Do I just sit tight and wait for the new owner to try to re-foreclose on the property and then see what price is offered to me for purchase? or do I need to be pro-active here and move to vacate the final judgement / foreclosure by the bank that just happened?
    I do not suggest that you try to handle this yourself. You keep speaking in the first person. I suggest that you consult a real estate lawyer and let them handle this. Otherwise you may be out in the cold and lose what you think you have won.

  3. #3
    Join Date
    Apr 2016
    Location
    Florida
    Posts
    46

    Default Re: Is Florida Foreclosure Void if Certificate of Title Owner Not Named

    Quote Quoting budwad
    View Post
    Otherwise you may be out in the cold and lose what you think you have won.
    I am aware of such risk have accepted it as a distinct possibility. Regardless, the voices in my head have spoken and declared I should handle this meself. They say I need to get schooled and that every single time I've handed stuff over to attorney's their performance has been disappointing.

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