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Blog · Foreclosure · Monday, July 27

HOA foreclosures: the first mortgage does not go away

Association sales have the lowest opening bids on the calendar. Most of them come with a bank loan still attached. How to spot the ones that do not.

A homeowners association can foreclose on a house for unpaid dues. The amount owed is small, so the sale looks like the best deal on the calendar. Usually it is the worst.

Why the bid is low

The association is owed maybe $5,000 to $15,000 in dues, late fees and attorney fees. The court enters a judgment for that. The sale is for that. The opening bid and the judgment are both small numbers.

A small debt, a big houseForeclosures with a judgment under $25,000, the size of most association liens, sold in the last 90 days. The middle sale.
Amount of the judgment
Amount of the judgment: $13,368$13,368
Winning bid
Winning bid: $30,100$30,100
County value of the house
County value of the house: $258,740$258,740
See the numbers
Amount of the judgment$13,368
Winning bid$30,100
County value of the house$258,740

Source: GovDeed, from county clerk sale results and the Florida Department of Revenue property roll. Judgment size stands in for the plaintiff, which county records here do not show · As of October 29, 2026

Why the deal is not

Florida gives a first mortgage priority over the association's lien in most cases. When the association forecloses, its sale clears the association lien and anything junior to it. The first mortgage is senior. It stays. Whoever wins the sale owns a house with a bank loan on it, and the bank can foreclose its own loan next.

Some winners rent the house out and collect rent until the bank gets around to foreclosing, sometimes for a year or more. That is a real strategy. It is also a strategy where the house goes away at the end.

The ones worth a second look

Once in a while an association forecloses on a house with no mortgage at all: an owner who paid the house off, or inherited it, then stopped paying dues. Then the sale really does deliver a house for the price of the dues. Finding those is the game.

How to check:

  1. Pull the county's official records for the address and the owner's name.
  2. Look for every recorded mortgage. For each one, look for a recorded satisfaction.
  3. Read the final judgment in the case. If a bank is named as a defendant, the bank's lien is junior and gets wiped. If no bank is named, either there is no mortgage or it is senior and survives.
  4. If you cannot tell, pay a title company for a search. It costs far less than a mortgage.

What GovDeed shows

Foreclosure parcels carry the kind label and the judgment amount, and the memo for a foreclosure says plainly that a senior lien can survive. The score cannot see the county's mortgage records, so it cannot tell a free and clear association sale from one with a loan attached. That part is on you, before the bid, every time.

Written by Roody Souverain, founder of GovDeed. General information about Florida public sales, not legal, tax or investment advice. County records and the statutes control. Talk to a Florida attorney before you bid with money you cannot lose.