Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
Our county clerks office seems to be pretty prompt about getting digital images online of records that have been filed. I don't know if title companies rely on the same digital images we see on the county web site or if they go to the clerk's office and check physical files???
But I am curious about what experiences anyone has had with liens on properties purchased at auction. Are they negotiable? If it is for a 2k water softener can you just say come and get it? One frequent auction buyer bought a house with a lien for the pool. He can't tell the lien holder, "Come and get it." Will he rent the property until the pool builder goes out of business or the statute of limitations runs out (if it ever does). I am sure it wasn't a mistake, this guy is too experienced.
Another curious item. Another house he bought at auction has a lis pendes filed on it by the foreclosed upon ex-owner. Evidently they are protesting the foreclosure. I understand that is a cloud on title, but will it prevent the sheriff from evicting them?
Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
14y
The answer is: Lien Priority determines whether a lien survives foreclosure or not, along with state rules / laws on how priority is determined and what survives (even if junior to the foreclosed lien - some liens can still survive in certain jurisdictions).
Most of the liens you mentioned would likely be junior liens, and would be extinguished at foreclosure. Here is further reading on this: