Title issue

[stellapena]

What is the name of your state? Florida

In 1998, I owned a property in South Florida, and the homeowner's association was foreclosing for back assessments. On the day of the sale, the sale proceeded as scheduled, but I paid the arrears plus the costs, and the homeowner's association filed a release. However, a certificate of sale was still issued by the clerk of the court, and the property's title transferred to the homeowner's association. In fact, all the subsequent tax bills were sent to the homeowner's association.

Were they supposed to file a quit-claim deed, or another pleading with the court in order to give title back to me, or was the release supposed to be enough? I have an issue regarding the time of my ownership of this property, and it is my contention that I lost "ownership interest" and title to the property in 1998 when the Homeowner's association failed to file the proper documents with the court.

Thanks for your help.

[lcannister]

You sure weren't in any hurry to rectify this issue were you? I suggest you get in a hurry and contact an Atty BEFORE you run out of time to rectify.

Why on earth did you not get this corrected right away?

[stellapena]

I can't rectify this, because the house was ultimately foreclosed by the mortgage holder. I just need to know if I effectively lost title to the property at the time the certificate of title was issued.

[justalayman]

So what are you after?

If title was given to another, that is when you lost title. It didn't mean you were forgiven the libility to the mortgage holder though.

It sounds like an odd situation. Post back with some explanation.

[stellapena]

Originally Posted by justalayman

So what are you after?

If title was given to another, that is when you lost title. It didn't mean you were forgiven the libility to the mortgage holder though.

It sounds like an odd situation. Post back with some explanation.

Okay, I need to prove that I lost ownership to that property in 1998, not 2002 when the mortgage was actually foreclosed. I understand that the financial obligation continued even though the title was transferred via certificate of sale to the homeowners association in 1998. In fact, they filed a motion to vacate the certificate of sale, and the judge signed an order, but it never made it to the county recorder's office, so the order was never recorded, and the house was never in my name again. The mortgage, however, was. I need to verify this, that's all.

You say I lost title, meaning ownership interest, right?

[justalayman]

because of the complexity of your situation, I would suggest you contact a local real estate attorney. because of the missing document, the title would have some problems that an attorney would need to address.

as an alternate but less definate, you can have a title search done. the title company would let you know when exactly you would have lost title to the property.

one thing that leads ne to believe you may not have actually lost title is the fact the mortgage was not forcloed on when title would have changed hands. although paperwork was origenated to teransfer title, it is not official and effective until recorded by the registrar of deeds.

[stellapena]

Thanks for your reply, and to clarify, the title was transferred and the new title was recorded with the county recorder. Apparently, the clerk failed to see the order from the court cancelling the certificate of sale, and issued the certificate of title anyway. It was recorded with the county recorder, and title remained in the name of the homeowner's association until the mortgage was forclosed 4 years later. We had no idea about this.

I know the situation is complex, but thank you for your assistance.