2nd mortgage bought at auction, 1st mortgage now foreclosing

2nd mortgage bought at auction, 1st mortgage now foreclosing

South, TX · Member since 2017 · 2 posts · 0 votes

I'm going to try to make this clear as mud, so bare with me!

Person A took out a mortgage (#1) and bought house in 2000. In 2003, Person A took out a second mortgage (#2). 

In 2014, Person A defaulted on mortgage #2 and it went to auction at the courthouse steps. Investment company bid and won. Received trustee deed. 

For a little over 2 years, Investment company went through litigation to evict Person A. At the end of 2016, Person A finally vacates the property.

2017, Investment company starts to show the property. They close on the house on April 28, 2017 to Person B. 

April 27, 2017, a notice is filed in the county courthouse for Person A's mortgage #1. Auction to be held in June. 

I'm assuming this means the Investment Company never paid off the 1st mortgage when they assumed ownership of the property. What ramifications does this have for Person B? I'm interested in bidding on the 1st mortgage, but now that Person B is involved (person B also has a lien on the house) I'm not sure what that would mean for the buyer at auction. Has anyone seen this scenario play out? I've talked to a few people already and no one seems to have any experience dealing with something like this. Is a real estate attorney my best bet? I'm hesitant to talk to too many people because its a smaller city and word gets around. The house is in a very desirable neighborhood in an excellent school district. 

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  • Professional · Milton, FL · Member since 2015 · 22 posts · 2 votes
    9y

    I am pretty sure the first mortgage is the senior lien, that is  the one that you are after, not the second mortgage.  There are instances i read about where there is going to be overbid left over so people buy as many liens as they can before but i have never actually done it.

  • South, TX · Member since 2017 · 2 posts · 0 votes
    9y

    So mortgage #1 would still be in play even though the deed has changed ownership twice since that mortgage was taken out? If it's bought at auction, what happens to the loan person B (current owner) has out?

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