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Foreclosure Forum |
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Priority of recorded interests..In Reply to: Renters and Foreclosure posted by Lughead on September 05, 2003 at 10:07 PM : question : a nolo press book has a statement that is interesting : the statement is that if the renters lease agreement is prior to the foreclosing deed of trust, that the purchaser of the home is obligated by the terms of that lease : any thoughts on such a case?? : thank you -=-=-=-=-=-=-=-=- Lunk, If the lease was RECORDED prior to the foreclosing trust deed then the lease would senior to the foreclosing lien and thus not be wiped off the title of the property. Thus the new owner-by-foreclosure would be obliged to honor the terms of the surviving lease.
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