In FL, if you buy in a judicial foreclosure sale where the bank/mortgage is foreclosing on a defaulted mortgage, the mortgage does not become the responsibility of the new owner. The mortgage company gets paid through the proceeds of the sale, which is usually why the mortgage company will bid at the auction up to what is owed to them (the judgment). This doesn’t happen every time, but quite often. If the bank/mortgage company can't get what its owed through the auction or later sale, it can go after the person that took out the mortgage through a separate action for deficiency. Keep in mind that even though a foreclosure sale where the mortgage was in default doesn’t pass on to the new owner, that doesn’t mean there won’t be other encumbrances against the property like HOA/COA liens, etc. Also, you should know whether the foreclosure sale is from a bank (default in the mortgage) or from a HOA/COA lien foreclosure where assessments weren’t paid. If you are buying in that type of foreclosure sale then you may have a situation where a mortgage remains on the property and can foreclose. Before investing, do your homework – these can be very risky.
Answered on Jun 23rd, 2014 at 10:05 AM