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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Vanessa Vascillating Posted by Mark H. on April 03, 2009 at 4:45 PM In Reply to: Vanessa Vascillating posted by Rick, the Probate Guy on April 03, 2009 at 2:53 PM I'll try to clarify my situation: I researched a foreclosure. "John Doe" had a Grant Deed and a 1st Deed of Trust on the house dated 12/01/06. However Jane Doe, his seperated (or ex) wife had two Support Orders from the State of California, each dated prior to the Deed of Trust. If I had bought the house at the foreclosure auction, would the "leins" have been wiped off the property record? Or are they even applied to the property? Now, it so happens that this situation was complicated by the fact that the wife ALSO signed the deed of trust as a co-borrower... My primary concern, for future reference, is if a support order than pre-dates a deed of trust is something I need to worry about? : If I understand our friend Travis the lien guru right, a purchase money loan can be obtained and remain in 1st position, senior to an existing AJ. This is something unique to purchase money mortgages in CA. : However, what might cause me to pass is the vascillating tendencies of people who are on-again, off-again as to whether they'll be wasting my time or not while negotiating. : What's your experience been with the principals so far? Or maybe, you're just passing up on T/S deals. : I think at a T/S auction, you might be OK, except the AJ would be subordinate to the subject P/M loan(s) and jeopardize any surplus funds, if you chase those. Follow Ups: Re: Vanessa Vascillating Rick, the Probate Guy 6:48 PM, 04/03/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : I'll try to clarify my situation: : I researched a foreclosure. "John Doe" had a Grant Deed and a 1st Deed of Trust on the house dated 12/01/06. However Jane Doe, his seperated (or ex) wife had two Support Orders from the State of California, each dated prior to the Deed of Trust. : If I had bought the house at the foreclosure auction, would the "leins" have been wiped off the property record? Or are they even applied to the property? : Now, it so happens that this situation was complicated by the fact that the wife ALSO signed the deed of trust as a co-borrower... : My primary concern, for future reference, is if a support order than pre-dates a deed of trust is something I need to worry about? : : : : If I understand our friend Travis the lien guru right, a purchase money loan can be obtained and remain in 1st position, senior to an existing AJ. This is something unique to purchase money mortgages in CA. : : However, what might cause me to pass is the vascillating tendencies of people who are on-again, off-again as to whether they'll be wasting my time or not while negotiating. : : What's your experience been with the principals so far? Or maybe, you're just passing up on T/S deals. : : I think at a T/S auction, you might be OK, except the AJ would be subordinate to the subject P/M loan(s) and jeopardize any surplus funds, if you chase those. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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