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Re: followup

Posted by Rick the Probate Guy on August 24, 2010 at 10:05 AM

In Reply to: Re: followup posted by wheresmybailout on August 23, 2010 at 7:53 PM

Can you come up with a better example timeline for exemplary purposes?

O.P. (creditor) recordeds his voluntary lien (trust deed) on day ___

Senior lien goes to t-sale on date ___

T-sale buyer purchases on day ___

T-sale buyer records his T-Deed on day ___

Relationback does matter.

So does OP creditor trustor's vesting so that lien attaches. If the interest has been eliminated via foreclosure on senior TD (this part was unlear) then there may not be an interest in the subject property for the lien to attach to.

Had the OP been clearer that this was note an AJ lien but voluntary, we could had eliminated the general lien issues and jumped into affect of a senior TD being recorded after a T-sale but prior to recorded t-sale deed.

Lots of assumptions going on here. Also, after a t-sale, title company doesn't have much to do. If lien attached properly/timely, then you're dealing with a TD lien that's been wiped off title. Then, we go to CC2924J-J-K concerning handling of any surplus funds.



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