When you want to purchase real estate at a foreclosure auction:
- Pay for a title search. If you search the public records on your own, start from the date of the deed to the current owners. Determine if the mortgage being foreclosed is a first mortgage.
- Read the Complaint in the foreclosure lawsuit. Be sure the junior mortgages, homeowners association, and any other lienholders are included as defendants.
- Check the Tax Collector website to determine if there are real estate taxes owed.
- You will inherit the past due HOA obligations - the foreclosure does not extinguish them.
- Often the homeowners will try to sell the property before the foreclosure auction. Go see the condition of the house, and maybe you can strike a deal with them – or run away.
- Seek the advice of an experienced real estate attorney.
Michael S. Price, J.D., MBA has been a member of the Florida Bar since 1983, and has experience in foreclosure acquisition, title disputes, and real estate transactional law.