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Updated over 9 years ago on . Most recent reply

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Sid Liso
  • Lutz, FL
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County auctions and 2nd mortgages

Sid Liso
  • Lutz, FL
Posted

I am in Florida and I was wondering about the county auctions held here. If a property has a 2nd mortgage, are you responsible for paying if you win the property at auction? I know you are responsible for any liens. Can they auction a property with a second mortgage? 

Also, if you are doing your own due diligence, does a second mortgage appear simply as another mortgage in the county records? 

Thanks

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

If it's the first foreclosing, and the second was named/served as a defendant, the 2nd gets wiped out. The determination of a first or second mortgage is the recording date. However, if you see a "2nd" that is larger than the "1st", check the mortgage for the "2nd", it may contain a subordination clause signed by what appears to be the"1st", which is now in reality the "2nd". Fun, huh? Also any HOA debts, recorded as a lien or not, stay with the property, to the new owner.

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