Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax Liens & Mortgage Notes
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 9 years ago,

User Stats

103
Posts
29
Votes
William Howley
  • Investor
  • Tampa, FL
29
Votes |
103
Posts

Auction - HOA Lien vs Primary Mortgage (advanced)

William Howley
  • Investor
  • Tampa, FL
Posted

Hi, I am interested in purchasing a property at auction and have done the title research on the below example. I have some questions about the turn of events that had occurred and don't know who to turn to for answers. There is a little bit of setup to this question so bare with me, I will try to be as specific as possible.

Below is the link to the Public records for the owner of the property. (I live in Hillsborough County, Florida)

http://pubrec3.hillsclerk.com/oncore/search.aspx?bd=1%2F4%2F1994&ed=11%2F3%2F2015&n=stephens%20david%20m&bt=O&d=11%2F3%2F2015&pt=-1&dt=ALL%20DOCUMENT%20TYPES&st=fullname

Order of Events:

1. It appears that the HOA Lien was successful in that the property went to Auction, and a third party company "PERSEVERANT ORGANIZATION OF PROPERTIES LLC" purchased it on 6/26/2014
http://pubrec3.hillsclerk.com/oncore/showdetails.aspx?id=19142735&rn=39&pi=1&ref=search

2. The Primary mortgager "Wells Fargo" was notified of this activity, and on 3/23/2015 a JUDGEMENT was made for $150,000 in regards to the Primary mortgage, and a second auction date was set, which will occur on 11/24/2015.

Questions:

If someone were to bid and win the auction on 11/24/2015, would the winner owe PERSEVERANT ORGANIZATION OF PROPERTIES LLC whatever they paid in the first auction?

Or is true that PRESERVANT just basically loses their investment because it was worthless, and you gain the title and the HOA lien is now null because PRESERVANT had purchased it before the primary mortgage auction.

It is a little bit confusing but any advice would help, thanks!