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Julie Smith
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Senior non mortgage lien

Julie Smith
Posted

I just got a title report on a property that has judicial liens that is forcing the foreclosure.  The property's mortgage is NOT in foreclosure.  I was pretty sure I understood that mortgages are senior to other liens, so what could this mean:

Title def category:  NOMTGLN Possible senior non-mortgage lien recorded

How can a judicial lien recorded years after the mortgage be a senior lien?

FYI, this is in Washington if that matters?

Thanks for any help.

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Chris Seveney
  • Investor
  • VA
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Chris Seveney
  • Investor
  • VA
ModeratorReplied
Quote from @Julie Smith:
Quote from @Chris Seveney:
Quote from @Julie Smith:
Quote from @Chris Seveney:

@Julie Smith

It also could be a land contract, hoa or other types of liens

When you get a title report, they typically also provide copies of those liens. Did you get a copy?


Thanks for responding. The title report shows the judicial liens, an HOA lien, but nothing about a land contract (the property foreclosing is a Condo).

Can you clarify for me, an HOA lien would never be superior to a mortgage, would it? The HOA lien is the last in lien after the judicial lien.

Thanks again.


 We are all guessing right now without seeing  a copy of the title report. As most things in real estate "it depends". A mechanics lien could be from work done to the house and the person never paid, they may have sued to get a judgment and force a foreclosure. 

I am guessing though without seeing a title report. 

Yes, that's exactly what happened.  Would that be senior to a mortgage?

 No.

  • Chris Seveney
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