What liens or judgements carry over in a foreclosure auction?

[Steve Trotta]

Hi - I am thinking about attending a foreclosure auction and the property owner has some Sheriff's judgements against them here in Massachusetts.  

What type of liens or judgments become the responsibility of the new owner in a foreclosure in Massachusetts?  Does anyone have experience with this?

Any thoughts would be appreciated.

Thank you,

Steve

[Steve Babiak]

You have to establish which liens are senior to the lien position being foreclosed, and which are junior; and you have to know the types of liens that are super-priority in that local area. I don't know those specifics. And proper service of the notice of foreclosure will be required to extinguish any junior position liens.

Then you have the case of IRS liens. IRS liens get in line based on time just like any other lien, but an IRS lien has a 120 day right of redemption (and potentially longer in states where redemption periods are longer by state law). Other federal liens would have a one year right of redemption. Redemption only applies if those were junior liens; if they were senior liens they survive the foreclosure. 

Don't forget to consider things like HOA fees, state income taxes, child support, Medicaid, code violation citations, municipal liens ...