Medicare liens and tax foreclosure

[Dylan D.]

Does anyone know or have experience with Medicare recovery liens. The lien was filed prior to the tax lien. Would this lien survive the foreclosure? 

[Adam Walter]

I am not an attorney, but I purchase foreclosues in Ohio and have purchased a Tax foreclosure in Ohio where there was a Medicare lien.  It was removed after the foreclosure like any other lien.  

To my knowledge the only lien to survive a foreclosure in Ohio is federal tax liens and they have a 6 month redemption right which is rarely exercised.  I've also see foreclosures sales that are subject to the first mortgage (at the bank's request) if a junior lien holder is foreclosing like a condo/hoa association.  This is also rare, but I've seen many people buy it not knowing what they are buying the property with a lien attached.     

Like @John Underwood said make sure that the lien holder was served notice in the foreclosure.  You can also get a title search after the sale and see if there are any errors and address those before the confirmation.  As always, do you due diligence and seek the advice of a real estate attorney for more information.