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Foreclosure Forum |
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The foreclosing trust deed dictates what's being sold..In Reply to: Foreclosing on 2ed deed of trust posted by G.M McCarty on May 08, 2003 at 5:00 PM : I recorded a default on a 2ed deed of trust I hold. The property owner did a lot line adjustment and seperated 12 acres onto his commercial property, leaving 22 acres on his residential property. He did not have permission from me or the holder of the 1st deed of trust. I made a loan on a 34 acre property. When I foreclose will I receive the original 34 acres or am I stuck with 22 acres? I am concerned that only 22 acres will not appraise for the amount owed to me plus the amount I will have to pay the holder of the first deed of trust. =========== GM, Regardless of the unilateral actions of the property owner, the highest bidder at your trustees sale will receive title to the collateralized property (as described in the foreclosing deed of trust). Hope this helps.
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