Aquanut,
I’ve been buying at auction in Houston for two years now, so here’s what I can tell you.
As long as we are discussing a mortgage foreclosure and not a tax lien foreclosure:
Regardless of whether the Jr. Lienholders are notified, they will be wiped out at the auction, provided that neither is a taxing authority or IRS lien.
The junior lienholders have the option of bidding at the auction to protect their interest, as any overage can be applied for by them (through the courts)after the auction.
The overage will be parceled out in the order of filing date, as long as all secondary lienholders file their notice of interest with the court.
What county are you in, by the way?
Hope this helps… if you need anything else, title curity is my specialty, so I’ll be glad to help.
Happy Thanksgiving, all!
Kristin
Posted by Aquanaut on November 25, 1998 at 17:45:48:
Hello everybody,
Let me start by saying though I haven’t been around long, this is the BEST site ever. That said, can anyone help me with title questions? I am going to a foreclosure auction Tue Dec.1 and need to know if the following liens/judgements will stay on the property if I buy it. (I’m in Texas, a Deed of Trust state)
Mechanics lien w/ power of sale
-filed by a contractor who remodeled the home
Abstract Judgement
and, does the judgement have to refer to the property specifically?
I have an appointment with an attorney Monday before the sale for legal advice but as always, I’m sure I could benefit from any advice you can give.
In Texas it is not required to notify junior lienholders of a foreclosure. AJ’s do not have to refer to the legal address so you have to do a name search also. AJ’s do have to be lifted from a homestead if sold as another homestead.
Posted by Rob FL on November 25, 1998 at 19:54:34:
TX is a title theory state whereas FL is lien theory, so take this with a grain of salt. If the lien and the judgment were recorded after the deed of trust being foreclosed AND both lien and judgment were served notice of the foreclosure, then the foreclosure will eliminate them from the title. Otherwise they will have to be dealt with. I examine titles all day so email me for any specifics and I will do my best.