The judicial foreclosure of a lien, when accompanied by the issuance of a certificate of title, results in the creation of a new, independent source of title to real property. The effectiveness of this title in eliminating prior interests is dependent upon the manner in which the suit was conducted and by the common and statutory law incident to the action. In addition, while some interests may survive, others must survive as they cannot be extinguished in such an action. Some may even survive for only a short while after the certificate of title is issued. Clearly, it is important when insuring title to address these matters.
This seminar will examine the fundamental requirements attendant to lien foreclosure and acquaint a practitioner to the matters which must be addressed in order to satisfy the inspection warranted in title examination. Particular attention will be paid to the minefield attendant to the issues related to homeowners’ and condominium owners’ association liens. Although primarily focused on the foreclosure of consensual mortgages, the seminar will also touch upon the foreclosure of judgment, homeowner, condominium, and construction liens. This seminar is approved for 3.0 general CLE credits and .5 ethics with the Florida Bar, and 3.0 hours of continuing education with NALA and DFS.