Judgements and Liens?

4 Replies

Hey BP Community,

I am getting ready to bid on an online foreclosure auctioned home and noticed a couple of judgements and liens against the home.  I would appreciate any advice or guidance on how to assess the risk of these.  I have never purchased a property with liens against it. The details are as follows:

Judgements and Liens:

1. Holder: Asset Acceptance, LLC Dated: April 02, 2008

Book: 81 Page: 178 Amount of lien: $2,073.44 

2. Holder: Cobb Hospital, Inc. Dated: October 14, 2008 

Book: 90 Page: 18 Amount of lien: $3,886.83 

3. Holder: American Express Centurion Bank Dated: January 04, 2011 Book: 122 Page: 50 Amount of lien: $6,666.29

There are no Open Bankruptcies found.

What should I be aware of?  Concerned with?  What do I eed to factor into the equation when bidding on this property.  The bidding begins tomorrow and ends in 3 days so any advice or guidance is greatly appreciated.

Thanks!

Are you talking about Auction.com??

Is this property a pre-foreclosure or a foreclosure??

Properties being foreclosed are the generally the first Tuesday of every month and sold for cash in GA at that county's courthouse steps. In those situations you MUST make sure you are bidding on the senior first lien. If not you have bought a worthless second in many cases.

The type of liens you have listed get wiped out in foreclosure unless there is enough money from the winning bid to pay them partially or in full. Property taxes survive foreclosure and IRS tax liens have  a post redemption period last I heard of 120 days in GA. Sometimes the IRS will waive their rights early after foreclosure.

No legal advice given.   

Medium allworldrealtyJoel Owens, All World Realty | [email protected] | 678‑779‑2798 | http://www.AWcommercial.com | Podcast Guest on Show #47

Joel,

Yes this is on Auction.com and we will be bidding tomorrow on a Cash Only property.

This is  foreclosed on property and is not occupied.  The taxes were paid in 2014 so the Liens were my main concern.  If I understood you correctly because this is already foreclosed the aforementioned liens would not be paid by me after winning the bid.  Is this correct?

Thanks again for any guidance or advice that you may have.

Ronny

Sounds like it's been through the foreclosure auction and the bank owns it. These should have been wiped out at the auction but if not they will come out of the sellers proceeds. If the sales price isn't enough to pay them off then you have a choice of either paying the remaining balance yourself or walking away before buying it. There could also be a lag in the time between the liens/judgments being paid and released from title.

@Craig - Thanks so much for your insight!  I will dig a little deeper.