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  #1  
Old 04-17-2005, 02:40 PM
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Join Date: Apr 2005
Posts: 5

Tax liens on foreclosed property?


What is the name of your state?Oregon

We had a chapter 7 bankruptcy discharged in Feb/2005, Included in discharge were all liens, (Federal/State Taxes, 1st & 2nd mortgage etc.)
Our first mortgage holder filed a relief from stay during bankruptcy. We did not contest it as it would not have allowed the Fed/St. liens against us to be discharged during bankruptcy if we tried to keep the house.
The foreclosure by first mortgage holder is now complete, and we have received an eviction date extension while we are trying to find a lender who will refinance us in order to buy back house from 1st mortgage holder who is now listed on the title as owner.
We have been informed by some refi companies that the liens by the Fed/St.might still be on the property even though we no longer are the owner of record.
The lender who now owns the property, has informed us of the buyback amount, ($144K), but has said nothing in their letters of any liens that are on the property. And the liens were higher than the buyback amount listed by the owner/lender.
Is it possible that the liens discharged in Feb, are still on the property even though we do not own it?
  #2  
Old 04-17-2005, 02:58 PM
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Join Date: Jan 2003
Posts: 19,145
Have a title search done before you buy it back. That will tell you what's on the property.
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  #3  
Old 04-17-2005, 06:47 PM
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Join Date: Apr 2005
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Thank you,
There was 2 title searches done,
1 done in our name, which shows the liens, and 1 in the lenders name which doesn't show any liens
I am curious if it is possible that this is just a case of the bankruptcy discharge not catching up with the title company or if something else is going on
  #4  
Old 04-18-2005, 07:26 AM
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Join Date: Jan 2003
Posts: 19,145
Only the most RECENT search is used.

Can the title company "search through" the date of the Confirmation of Sheriff's Sale". In other words, there is a Gap in the recording records that can be as much as several weeks that exists between the time documents are sent in to the Recorder's Office, and they date they are actually posted against the property in the public record. Is the effective date on the most recent search (NOT the date it was done, but the "effective date") BEFORE or after the recording date of the deed to the lender?
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  #5  
Old 04-18-2005, 08:25 AM
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The "date" issue will be my next question to the title company
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