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Nat C.
  • Investor
  • Miami, FL
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Learning how to understand mortgages in the court records

Nat C.
  • Investor
  • Miami, FL
Posted

Reading and understanding court records is paramount for bidding on foreclosure auctions.

I am not absolutely certain I have grasped it. I'm not in full understanding presently, like when there are several mortgages recorded on one property. 

I am a slow learner. I need things spelled out for me. I honestly think I have an undiagnosed learning disability. 

If I have something in writing, I can read it 5 times until I finally understand and once I learn something, I seldom forget it.

I have been trying to find some sort of instructive article online that explains how to read and understand the court records but I cannot find such information. Can anyone point me towards such a website perchance?

My other question is, do the owners personal debts affect the buyer? For example, I keep seeing owners who have a judgement order against them for an unpaid hospital bill. One person had a 150K debt owing for a hospital stay! Would that in any way affect me if I bought the property? Does this debt stick to the house or just the person? 

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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
Replied

@Nat C.

Lesson learned.. its really very simple

there is a saying at least I learned it mid 70s   and that is FIRST IN TIME  and to follow that is RACE to the RECORDERS office.

any debt that is JUNIOR  recorded in TIME after the foreclosing instrument is extinguished.

With exceptions of course of Super liens and those you need to check on your state as they are state specific.

IRS liens .. but they sunset in 120 days or so.. I have never had the IRS redeem a property I bought at auction and I bought my first ones in the late 70's.

so for all intense and purposes if you have a BOA loan recorded in 2000 and you have all manner of other liens and judgmetns or mortgages recorded after this they will get extinguished at the sale.. 

AS stated only a very few remain and you just need to check on your state which those are.

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