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Updated over 1 year ago on . Most recent reply

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Julie Smith
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Sherriff's lien foreclosure....clarification on what the auction amt pays for.

Julie Smith
Posted

I am bidding on a Sheriff's judicial lien foreclosure (in Washington state).  The mortgage is NOT in foreclosure.  I have read the following which confuses everything I thought I knew.  

"a judgement lienholder can choose to foreclose on the home to get paid.  But judgment lienholders rarely foreclose because it take effort and money to foreclose and, in most cases, the lienholder doesn't get anything out of the foreclosure sale because mortgages or other liens have priority"

I was under the impression that the winning bid amount would go to the judicial lien holder since that is what the Sheriff is holding the foreclosure for.  The quoted statement above sounds to me like the winning bid would first go to the mortgage because it's superior to the lien, even though the mortgage is not in foreclosure?

Every time I think I've very clear on everything I read something that seems to say something completely different.  Can someone clarify this for me, please.   Thank you.

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Chad U.
  • Investor
  • Boca Raton, FL
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Chad U.
  • Investor
  • Boca Raton, FL
Replied
Quote from @Julie Smith:

I am bidding on a Sheriff's judicial lien foreclosure (in Washington state).  The mortgage is NOT in foreclosure.  I have read the following which confuses everything I thought I knew.  

"a judgement lienholder can choose to foreclose on the home to get paid.  But judgment lienholders rarely foreclose because it take effort and money to foreclose and, in most cases, the lienholder doesn't get anything out of the foreclosure sale because mortgages or other liens have priority"

I was under the impression that the winning bid amount would go to the judicial lien holder since that is what the Sheriff is holding the foreclosure for.  The quoted statement above sounds to me like the winning bid would first go to the mortgage because it's superior to the lien, even though the mortgage is not in foreclosure?

Every time I think I've very clear on everything I read something that seems to say something completely different.  Can someone clarify this for me, please.   Thank you.

I am assuming that a junior lien holder is the one foreclosing. In this case whoever is the winning bidder at the auction will become title holder subject to any superior liens, including mortgages.  If a third party bidder were to bid more than the amount owed, then the lien holder would be made whole, the remainder goes to any juniors down the line and if none to the owner.  However often times third party bidders will not participate due to being subject to superior liens and the lien holder foreclosing takes title.

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