In a byline published by Law360 on April 27, 2017, Paul Rush laid out the significance of Florida’s Fourth District Court of Appeal’s decision to overturn a ruling in Ober vs. Lauderdale-By-The-Sea. The original ruling made the purchaser of a foreclosed home could be liable for any liens filed between the entry of the final judgment of foreclosure and the date of the foreclosure sale. Rush explained that the decision to overturn Ober correctly removes a new owner’s responsibility for a previous lien on their new home after the lis pendens has been recorded. “Currently, lenders can rest easy knowing that liens recorded after final judgment but prior to judicial sale will be discharged by that sale, and these liens should not negatively affect the marketability of title to the property,” Rush said. “However, lenders should also be on alert, for this recent ruling may not be the end of the road for Ober.”
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