HOA foreclosure lawsuit

[John Eichhorn]

I bought an HOA foreclosure in December 2017. I did so with the intentions of negotiating a short sale with the bank, as there was an existing mortgage on the property. I hired a lawyer who got as far as talking with the short sale group at US Bank. After being told they needed authorization to speak to the bank, he hit his dead end. The bank is now foreclosing on the property, with me being named in the suit.

After about 15 minutes of phone calls, I was on the phone with the same short sale group that my lawyer spoke with, who also told me I needed authorization to talk to them. I tracked the old homeowner, who is in her 90s, at a nursing home facility. After explaining to her the situation and requesting she sign an authorization to release information form, she told me she did not care if the bank took the house and told me to leave. So now I've hit my dead end. There is a case management conference as well as a trial date set. 

What am I to expect at the conference and trial? 

My lawyer advised I have absolutely no recourse in the form of a countersuit, nor can I recoup any of my investment. How is the county allowed to auction the property, putting me in the position of title holder, only for the bank to take it away with no recourse?

Is there still hope to negotiate the short sale despite the prior homeowner, who no longer owns the residence, refuses to give me authorization to speak with the bank?

Finally, can anyone recommend a lawyer in the Volusia County, Florida area that can help mitigate this situation?

Thanks for all of your help. 

[Wayne Brooks]

Sorry, but you’re stuck.  Not only do you need the Authorization To Release information for the bank to even talk to you, most banks will Not entertain a short sale once title has changed hands from the borrower.  This was not a good strategy.  

No attorney can really help you as the bank has no responsibility, or perhaps even the legal ability, to negotiate anything with you.

You have no recourse against the county or the courts. They simply offer a property up for auction to settle the HOA foreclosure.....it is up to you to research and decide if it is a good deal or not. Even though they are not required to do so, I'm sure the Volusia county clerk of site that leads you to the online auction cautions you that you may not receive clear title, you should consult an attorney, do your own research, etc. just like the other FL county sites do.