Encumbrances on a property

4 Replies | Cedar Rapids, Iowa

I am currently looking at an interesting foreclosure single family home that is 10 minutes away from my home. I was doing my due diligence and was told by the clerk of court in my county that none of these judgments would follow the property, rather they follow the last owner. Is that true?  Any help would be much appreciated. 

COURT PROCEEDINGS, JUDGMENTS, LIENS, ETC.: Affidavit of Marital Status filed March 23, 2016, in Bk 9491 Pg 547. Dissolution of Marriage Decree filed on September 1, 2016, in Equity No. CDDM042735. Judgment in favor of State of Iowa, for room and board, plus interest and costs, filed November 3, 2016, in Case No. JVJV034668. Judgment in favor of State of Iowa, for room and board, plus interest and costs, filed November 3, 2016, in Case No. JVJV034669. Judgment in favor of State of Iowa, for room and board, plus interest and costs, filed November 3, 2016, in Case No. JVJV034670. Judgment in favor of City of Central City, in the amount of $500.00, plus interest and costs, filed December 23, 2016, in Case No. CCCISC222601. Foreclosure - in Case No. EQCV087224. Foreclosure Decree filed May 25, 2017. Chapter (7 or 13) Bankruptcy: None found.

If you are buying a foreclosure, the title company will make sure that you have clean title.    When a foreclosure is filed, all secondary liens are extinguished, provided they are named on the foreclosure suit. Next, real estate taxes and possibly a water bill will survive the foreclosure.  I would consult an attorney because the laws vary from State to State.  

Originally posted by @Tony Berger :

Brian.. Any idea how i find out what exactly is named on that foreclosure suit? Is that public record in that county?  Thanks so much for your help, Brian.

Junior lienholders are given notice of the pending foreclosure so they can protect their interests if they so desire -- they aren't named. Check the docket and find the list of who was given such notice. Review and confirm that all junior lienholders were given notice in accordance with the law. If not, their lien(s) will not be extinguished.