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Updated over 9 years ago on . Most recent reply

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81
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Mark Gibbs
  • Investor
  • Lake Oswego , OR
33
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81
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Lien on npn property-bound to note or debtor?

Mark Gibbs
  • Investor
  • Lake Oswego , OR
Posted

Hello all-

I am looking at non-performing first. The initial seller materials provided showed some past due taxes. I then ordered the title report which shows a judgement and lien against the debtor and property along with a couple of liens against the property from the city/county. I am waiting on my wegolook visual assessment of the property to make sure it is still standing/occupied etc. I'll be honest, this is a skinny deal but one I was interested in pursuing as a learning opportunity.

So my question is, when a judgement is entered as shown below, does this lien stay just with this property? The lien states "in which the above Judgement Debtor has any ownership". Couldn't this lien just as easily be applied to the debtors primary residence, assuming it is not a cardboard box? I am quite sure this was a second home/investment or something.

The judgement lien also lists the Plaintiff as the commonwealth of Kentucky, does this make it a superior lien that could not be closed out by foreclosure? Lastly, a deed-in-lieu probably wouldn't work either would it, probably not possible when their is a recorded lien correct?

Thanks in advance I appreciate any feedback. 

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,509
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

The judgment obviously attaches to All real estate owned by the debtor, in that county, until satisfied.  Only paying it off, or a foreclosure, would get rid of it.

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