Can you make somebody claim an auction overage? – FL

I purchased a condo at a foreclosure auction (mortgage foreclosure) for an amount over the judgement amount. The HOA has a past due balance from the previous owner but as with many other HOAs they are a huge ball of confusion. The facts as I know them:

HOA never filed a lien for the balance even though it was unpaid for several years (Deceased owner). HOA hired a debt collector to pursue the debt that obviously went nowhere. I told the HOA and the debt collector (they gave me his name and number) that they should pursue the overage to get paid before the overage gets released.

I spoke to a real estate attorney who said that they should file their claim of ownership but we never got into the issue of what if they never collect… My main concern is that they don’t get their act together in the 1 year holding period of the overage funds to actually file a claim and try to come after me for the unpaid dues.

I don’t know if the debt was sold to the debt collector or written off and they have no intention of collecting. When I spoke to the management company to get my balance they told me that I don’t have to worry about the previous balance because it isn’t mine. This goes against what I understand the law to be about HOA balances in FL.

Does anybody have any experience with this type of situation? Is there a way that I can force them to collect or at a minimum absolve my obligation of the debt if they don’t?

submitted by /u/RefuseMediocrity
[link] [comments]

I purchased a condo at a foreclosure auction (mortgage foreclosure) for an amount over the judgement amount. The HOA has a past due balance from the previous owner but as with many other HOAs they are a huge ball of confusion. The facts as I know them: HOA never filed a lien for the balance even though it was unpaid for several years (Deceased owner). HOA hired a debt collector to pursue the debt that obviously went nowhere. I told the HOA and the debt collector (they gave me his name and number) that they should pursue the overage to get paid before the overage gets released. I spoke to a real estate attorney who said that they should file their claim of ownership but we never got into the issue of what if they never collect… My main concern is that they don’t get their act together in the 1 year holding period of the overage funds to actually file a claim and try to come after me for the unpaid dues. I don’t know if the debt was sold to the debt collector or written off and they have no intention of collecting. When I spoke to the management company to get my balance they told me that I don’t have to worry about the previous balance because it isn’t mine. This goes against what I understand the law to be about HOA balances in FL. Does anybody have any experience with this type of situation? Is there a way that I can force them to collect or at a minimum absolve my obligation of the debt if they don’t? submitted by /u/RefuseMediocrity [link] [comments]

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