| Foreclosure and Certificate of Title What is the name of your state? Florida Please help with this scenario
Mr. and Mrs. Smith’s home was foreclosed by judicial sale, at which time their property was deeded back to the lienholder (in this case, their homeowners' association). Mr. & Mrs. Smith came up with the money in full and paid the association the arrears in full the same day, and the association in turn issued a voluntary release of its lien and dismissal of its lis pendens. The judge, in turn, issued an order cancelling the foreclosure sale and the certificate of sale. However, the clerk of the court still issued a certificate of title to the association ten days later, deeding the property to the homeowners association. The property was changed in the records, the homestead exemption was effectively removed from the Smiths and although they continued to have a mortgage on the property, they no longer appeared as the deeded owners on the tax rolls. The property was foreclosed by the bank seven years later.
My question is this: did Mr. & Mrs. Smith have title interest and/or ownership in this property during the seven years subsequent to the first foreclosure sale, when the sale was reversed, but the title was still issued to the association? |