Does a deed in lieu of foreclosure extinguish junior liens? A deed in lieu will not extinguish any judgments against, or junior liens secured by, the property, e.g., a second mortgage or tax lien. Where such liens exist, the lender would become liable for them if they accepted a deed in lieu. Accordingly in such cases a lender is more likely to pursue foreclosure.
what liens survive foreclosure?
Moreover, judgment liens, unpaid homeowner association or condominium assessments, liens for city or county services, and even mechanic’s liens by unpaid contractors who started on their jobs prior to the mortgage lien’s recordation all could survive the foreclosure sale and become the new purchaser’s responsibility.
What happens to any extra money after the lien and expenses of the sale are paid? If a foreclosure sale results in excess proceeds, the lender doesn’t get to keep that money. The lender is entitled to an amount that’s sufficient to pay off the outstanding balance of the loan plus the costs associated with the foreclosure and sale—but no more.
can a bank foreclose on a house that has lien?
If a creditor gets a court judgment against you, that creditor may place a lien—called a judgment lien—on your home or other property. Then, if you stop paying your mortgage payments and your lender forecloses your home, the judgment lien is typically wiped out by that foreclosure.
Can you buy a property with a lien on it?
You can buy a home with a lien against it, but the seller must clear the lien before the sale. The buyer can include the lien in their offer, but the seller can use a short sale to sell if in financial distress. You find your dream house, but when you run your title search you find out there’s a lien against it!
what happens to a lien when property is foreclosed?
Foreclosure Eliminates Liens, Not Debt Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished and the liens are removed from the property title. While the security for the debt has been eliminated, the obligations remain in place.
How does a lien on a property work?
A lien is a legal right or claim against a piece of property by a creditor. Liens are commonly placed against property such as homes and cars so creditors can collect what is owed to them. Liens are removed, giving clear title to the property to the actual owner. Liens can be both voluntary and involuntary.
Is a foreclosure a lien?
A foreclosure lien, or mortgage lien, is a type of legal proceeding initiated by a lender against the borrower (usually the homeowner). A lien would allow the lending institution to obtain legal possession of the person’s property. This is usually done in connection with defaulted mortgage payments.
Do you have to pay back taxes on foreclosed homes?
You do not have to pay the property taxes, and in fact you shouldn’t. The taxes will be paid by your lender. After your lender forecloses, all sums that you owed, including the taxes, are satisfied by the transfer of the property to the lender under a foreclosure deed.
What’s the difference between foreclosure and sheriff sale?
At a foreclosure auction, a lender is selling a property it repossessed, whereas in a sheriff sale, the property was repossessed by a lender through court-ordered means. California operates a system of non-judicial foreclosure which means the lender does not need a court order to seize and sell your home.
What is a superior lien?
A superior lien is a lien that takes precedent over all other liens, if it is in accordance with the state statue. In regards to HOA assessment liens, a superior lien is the portion of the lien that is given a higher level of priority than the others, even the first-mortgage holder.
What happens to a lien when the lien holder dies?
When the lien holder dies, the lien is transferred along with other assets to his heirs. If a specific heir is not designated, the lien will transfer to the deceased person’s estate. The lien does not disappear upon the lien holder’s death.
What happens when you pay off first mortgage but still have a second?
This is certainly possible, but once you pay off your primary, your secondary loan will take first position. Basically, the second mortgage holder allows the new lender to pay off the primary mortgage and jump ahead into first position, leaving the second lender in a subordinate position.
What happens if you buy a house with a lien on it?
Even if the debt exceeds the property value, you can still sell a house with a lien on it. You don’t have to pay these settlements before closing—liens against houses can be paid in multiple ways. Traditionally, a seller will pay these debts at closing where the debts are deducted from the proceeds of the sale.
Can a 2nd lien foreclosure?
Deciding to Foreclose Understandably, second mortgage lien holders with defaulting borrowers will only foreclose if it makes financial sense. A second mortgage lien holder typically will foreclosures when the sale proceeds will cover both mortgage debts.