HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-22-2008, 04:47 PM
Junior Member
 
Join Date: Mar 2007
Posts: 4

Buying at Auction (Foreclosures)


What is the name of your state? ID

I’m trying to understand exactly you get when buying a property on a foreclosure Auction.

I understand the condition of the property is As Is, what I don't understand is other encumbrance on the property.

Is it truly a clear title?
Free from Mechanics Leans / Back Taxes / judgments / second trust Deeds ….etc..

What is “Cleared” and what is not ?

Is there such thing as Title Insurance for these types of sales ?


Thanks
Mindy
Reply With Quote
  #2  
Old 01-22-2008, 06:36 PM
Senior Member
 
Join Date: Feb 2007
Posts: 5,004
Junior liens are generally wiped out by the foreclosure. Senior liens and taxes aren't.
You need to do your research. Title insurance won't cover you.
Reply With Quote
  #3  
Old 01-22-2008, 11:20 PM
Senior Member
 
Join Date: Oct 2005
Location: Ohio (southwest)
Posts: 2,250
Send a message via AIM to LindaP777
Quote:
Originally Posted by FlyingRon View Post
Junior liens are generally wiped out by the foreclosure. Senior liens and taxes aren't.
You need to do your research. Title insurance won't cover you.
Ron, either I'm reading your answer wrong, or you are wrong. At a foreclosure auction (sheriff's sale), everything including taxes, mortgages and liens should be wiped out, unless there is a defect in the proceedings (and one was overlooked).
Mindy, call whoever is handling the sale and ask them if you will be getting a clean title if you win the bid. If they tell you everything is wiped out, then ask if you have a right to vacate the sale is something was accidentally overlooked.
And, yes, you can get title insurance if you run a title search. In my county, I have 30 days from the time of the sale to run a title search. If something was overlooked, I can vacate the sale within 30 days. If all is well, I close and buy the title insurance from the company that ran the title search for me.
Reply With Quote
  #4  
Old 01-23-2008, 06:53 AM
Member
 
Join Date: Jan 2008
Posts: 536
I've done many loans for folks buying foreclosures and have bought some myself. You do have title insurance especially if you are financing the homes by a lender. The first step is to get your loan in place without a property (thoroughly approved). In the section for the property address on the application you just need to put: to be determined.

Go to the auction and get the property you want. You have time to bail on the purchase if your title co. finds too many liens and things still existing.

Most Jr. liens are wiped out by the 1st however in todays foreclosure market this can get very hairy. This is why there are so many boarded up homes. They are not even auctionable due to too many liens and the 1st does not want to cure them and further lose more money.
Now it's time to get an appraisal. Often you CANNOT get inside the house to let the appraiser in especially if the owner is still occupying it. This is very tricky.

Wait about 6 mos. or a year. You will have so many to choose from and the price a 3rd of what they are starting at today.

OH...Linda...is correct too...lol I didn't see that.

Last edited by Grandma's house; 01-23-2008 at 07:00 AM. Reason: sorry Linda...I did not see you basically said the same
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 03:15 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.