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What about the BK Court ..case active ? (nt)

Posted by Bill H on May 03, 2008 at 11:44 AM

In Reply to: 2nd Mortgage Auction Question (I know, it's dumb) posted by Mark Hamilton on April 26, 2008 at 10:19 AM

nt: While I have read many past postings, and a few books, I remain stubbornly dense on a few basic issues.

: A second deed of trust is going to foreclosure auction for 30,000...the owner is in serious bankruptcy. The first deed of trust is held by a private party who is not collecting payments and not foreclosing (at this time).

: If I buy the second deed at the foreclosure auction I want to then take possession of the property (evict the prior owner) and pay off the first deed of trust (in that order).

: Can this plan be derailed if the 1st Deed refuses a payoff (although that seems unlikely)? Can I evict the owner and occupy if I foreclose on the second only? Do I have to pay off the 1st BEFORE the owner is evicted?

: I've tried searchs but I can't quite find the info I am looking for...



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