Pennsylvania Foreclosure Auction and Lien Removal Questions...

Pennsylvania Foreclosure Auction and Lien Removal Questions...

Member since 2018 · 3 posts · 0 votes

Hi.  First time poster, long time learner.  

My wife and I are very new to the investing business, but we love it and are continuing to grow our business.  We've completed a few profitable flips in the Denver area but have since moved our focus to out of state rentals (as I'm learning many folks do).  We currently have two rentals in our portfolio and are very happy with them and the profit they are returning to us.  

My question is this:  We are looking at many avenues to acquire two-four rentals per year, including foreclosures and have a few questions.  Let me start off with, we are working with a real estate attorney in PA for all of the title search/background etc...on the properties at foreclosure, but today he said something that did not make sense to me and I'm hoping for a little clarification.  

The property we have our eye on has a deficiency around $35,000.  Our attorney told me today that there are other judgments/liens/encumbrances that are being discharged by this foreclosure action.  He recommended that we wait until after the foreclosure auction and to buy it from the bank, once the J/L/E have been wiped.  A couple of the judgements are credit card judgements against the house.  My question; In PA, when a property is won at the foreclosure Auction through the sheriff, is the "winner" still responsible for the judgments/liens/encumbrances against the house?  I thought that they were all wiped out when the sheriff sale was complete, regardless of who won the house...the Bank or an Investor.  Apparently I'm wrong?  

Thanks in advance,

Mark

0Reply
54 views

Most Popular Reply

Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
7y

@Mark Case

Way too many variables to answer this question. It is true that the sheriff's sale can wipe out other liens and interests --- that's true regardless of who buys the property at the sale. 

But that's assuming first lien position and host of other factors. For example, removing IRS liens require very specific steps that even experienced foreclosure attorneys mess up from time to time. There are also procedural issues that can occur when a senior lienholder fails to properly notify a junior lienholder. While procedural rules allow for a cure, the expenses can add up. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

See this reply in the discussion

3 Replies

Jump to latestLatest
  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    7y
    Originally posted by @Mark Case:

    Hi.  First time poster, long time learner.  

    My wife and I are very new to the investing business, but we love it and are continuing to grow our business.  We've completed a few profitable flips in the Denver area but have since moved our focus to out of state rentals (as I'm learning many folks do).  We currently have two rentals in our portfolio and are very happy with them and the profit they are returning to us.  

    My question is this:  We are looking at many avenues to acquire two-four rentals per year, including foreclosures and have a few questions.  Let me start off with, we are working with a real estate attorney in PA for all of the title search/background etc...on the properties at foreclosure, but today he said something that did not make sense to me and I'm hoping for a little clarification.  

    The property we have our eye on has a deficiency around $35,000.  Our attorney told me today that there are other judgments/liens/encumbrances that are being discharged by this foreclosure action.  He recommended that we wait until after the foreclosure auction and to buy it from the bank, once the J/L/E have been wiped.  A couple of the judgements are credit card judgements against the house.  My question; In PA, when a property is won at the foreclosure Auction through the sheriff, is the "winner" still responsible for the judgments/liens/encumbrances against the house?  I thought that they were all wiped out when the sheriff sale was complete, regardless of who won the house...the Bank or an Investor.  Apparently I'm wrong?  

    Thanks in advance,

    Mark

     That is a question for your attorney. There may be a unique reason why that is not the case on this property. He should be educating you. If he doesn't know or stumbles with the answer, you need a different attorney.

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    7y

    @Mark Case

    Way too many variables to answer this question. It is true that the sheriff's sale can wipe out other liens and interests --- that's true regardless of who buys the property at the sale. 

    But that's assuming first lien position and host of other factors. For example, removing IRS liens require very specific steps that even experienced foreclosure attorneys mess up from time to time. There are also procedural issues that can occur when a senior lienholder fails to properly notify a junior lienholder. While procedural rules allow for a cure, the expenses can add up. 

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

  • Title Representative · Cherry Hill, NJ · Member since 2015 · 48 posts · 31 votes
    7y

    @Mark Case

    You have a classic case of “it depends.” A first lien mortgage will divest all junior lien creditors providing proper notice was given to those junior lien holders. As @Chris K. said there are different rules for IRS liens, but they are divested if the foreclosure attorney handles it properly.

    I would be happy to try to look at it further for you and try to figure out what your agent is talking about.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.