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Updated about 4 years ago on . Most recent reply
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Winning bid at foreclosure auction question
I was the winning bidder on a HOA foreclosure (2nd lien). Property has a 1st mortgage (also filed in forclosure). I received the certificate of title from the clerks office. Can I get (or need title) insurance ?
Does certificate of title allow me access to property now?
Most Popular Reply
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Generally you can always get title insurance, the problem is what exceptions to coverage will appear in the policy. For example, in your situation, I would expect a policy would except the prior mortgage and the foreclosure suit from coverage. Did you get a title search prior to purchasing? Are they a policy issuing agent for a title underwriter?
As for as gaining access, I'm not an attorney and you may want to get a legal opinion before drilling the front door lock, but I've bought property at HOA/COA sales and have accessed the property immediately after the CT is issued. I check as best I can to make sure no one is occupying the property before I do so though.