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Re: Jr Lien

Posted by Rick, the Probate Guy on April 26, 2008 at 4:42 PM

In Reply to: Jr Lien posted by greg benjamin on April 26, 2008 at 12:23 AM

Jr liens get "wiped OFF" not "OUT," of course. I think your issue centers around two main possibilities:

1) Was the City lien a "super-priority lien" that runs with other property tax-related debts pertaining to the property?

2) If not, what's your plan to get "Suzy" at the City to understand that your lien should not be treated as a super-priority lien if it's now an unsecured debt of the previous owner?

My experience with the City of Riverside a few years ago was the same, except that they had placed about $16,000 in code enforcement liens for boarding up and cutting weeds, etc., of the abandoned pre-probate house that I had acquired. My acquisition was not the result of buying at a trustee sale, but from a practical perspective, Suzy at the City doesn't care or know the difference.

I'm guessing that the City's lien runs superior to that of the interest that you bought at the sale. But don't take my word because the research that you'll do on this deal will pay you knowledge for countless times in the future.

Sadly, I paid the lien that I inherited, but I was still as happy about my profit as 'Smilin' Bob' from the TV commercial.

Hope your deal turns out as good or better than mine did.


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