Does the bank or mortgage company that forecloses on a unit for their first mortgage have to submit payment of the super lien?
No. Since the associations super lien is of higher priority than the first mortgage, technically the foreclosure sale is subject to it. This means that the new owner is responsible for payment of the super lien. In many cases, the bank or mortgage company will pay the super lien, but they are not required to do so. In the event that they do not, the association collects payment from the new owner.
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