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You bought the property...not the 2nd TD

Posted by Ward-CA- on June 15, 2010 at 12:01 AM

In Reply to: Subject to BK posted by Jeremy on June 15, 2010 at 10:42 AM

Jeremy,

No, you're not entitled to keep paying on the 1st trust deed, but most of the time senior lienors won't exercise their due-on-sale rights once you reinstate their delinquent payments and continue paying monthly thereafter.

And if the ex-owner's bankruptcy was initiated after the trustee's sale occurred you don't have any real problem with her.


-----------Ward


====================

: I recently bought a 2nd TD at auction wanting to take over the payments on the 1st because the 1st was an old loan. I have spoken with the previous owner. She said she has already filed chapter 13 BK and wants to now convert to chapter 7 BK. Is there anyway I can keep that 1st TD in place?



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