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Re: Jr bene buyout strategy

Posted by Ward-CA- on August 08, 2001 at 5:09 PM

In Reply to: Jr Bene Buyout posted by Troy on August 08, 2001 at 11:33 AM

: Ward, I have a couple questions about Jr. Bene buyouts.

: First, Between the two options below, which course of action is best when purchasing a Jr TD on a property that has a Sr TD in the process of foreclosure, and is approximately 3 weeks from the Trustee Sale:

: A. Wait for the Trustee Sale and hope for overflow (gain only the discount you purhased the Jr TD at), or
: B. Start your own foreclosure process on the Jr TD

: Second, if you were to go with option B and the property ended up going to sale and sold @ fair market value (let's say the Sr TD was 50% of FMV and the Jr TD was 25% of FMV, leaving 25% in equity), are you paid only what you are owed, or do you get any of the "leftover" after all other loans/liens are paid?

=•=•=•=•=•=•=•=•=•=•=•=•=

Troy, with only 3 weeks left before the sale of the senior lien, I would reinstate the senior. I’d then immediately start my own foreclosure, adding to the amount owing me the advance I made to cure the senior lien.

The overbid generated at the trustee sale of a senior trust deed goes to the next junior lien until that junior gets paid off entirely. Any surplus remaining at that point then goes down to the next junior, ad infinitum.


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