Miami-Dade Foreclosures  ›  FAQ

Do HOA debts survive a foreclosure auction in Florida?

It depends on who forecloses and where the debt sits. If the bank (first mortgage) forecloses, the prior HOA debt is almost always wiped out for the buyer, except for a limited amount the law lets the association collect. But if the HOA itself forecloses, there may be a senior mortgage the buyer inherits.

In Florida, what decides whether a debt survives an auction is the priority order of the liens. The lien that starts the foreclosure wipes out everything below it and leaves intact everything above it.

When the first-mortgage bank forecloses, the HOA debt usually sits below it and is extinguished for the new buyer. The exception is the so-called "safe harbor": Florida law (statute 720 for homeowner associations and 718 for condos) lets the association collect a limited portion of the past-due debt from the new owner. That figure can be hundreds or a few thousand dollars, not the full balance.

The dangerous case is when the HOA itself forecloses over unpaid dues. There the complaint almost always names the mortgage bank as a co-defendant, and that senior mortgage stays alive: the auction buyer gets the property but also the mortgage on top of it. That's why BIDROI reads the complaint to tell a debt-free HOA auction (opportunity) apart from one with a hidden senior mortgage (high risk).

The only reliable way to know the exact amount you'd inherit is to request the association's estoppel letter before you bid.

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