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Updated 12 months ago on . Most recent reply

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Joshua Mailey
  • Jacksonville, FL
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Florida Sheriff Sale, COA Lien over a year old (Expired?)

Joshua Mailey
  • Jacksonville, FL
Posted

Looking to bid in a few days on a Primary Mortgage lien,  it appears that there was an COA Lien which was filed with county on 11/22/22.    Unclear if the lien has expired, and if surplus funds would go to the COA 

According to the COA State laws i found this:

The lien is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. The 1-year period is automatically extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel.

With the primary lien holder the bank doing a foreclosure constitute as  "any other person claiming interest in a parcel" .   Therefore the lien is extended and the COA would access surplus funds to satisfy the COA lien.   Or should i expect the fees to come with property after bank foreclosure proceedings?

Any ideas?

Thanks in advance

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