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Assuming...

Posted by Ward Hanigan on October 11, 2003 at 11:26 PM

In Reply to: Trustee sale Proceed posted by Kenny on October 10, 2003 at 3:43 PM

: Ward,
: I bought a house that should go to Trustee sale in about 2 weeks. I am thinking about letting it ride to the sale. At the sale - if the price will not be high enough I will buy it, but if the price will be high enough I will let it go to the higher bidder.

: Who will get the access amount - I am as the owner of the house, or the previous owner, since he is in foreclosure and his name is on the loan?

: Thanks,
: Kenny.
-=-=-=-=-=-=-=-=-=-=-

Kenny,

I’m going to assume that you have recorded your deed to the property.

I’m also going to assume that there’s just a first trust deed lien against the title of the property — that no other liens exist.

I assume the opening bid of the foreclosing first will be less than 80% of the perceived fair market value of the property and that your local real estate market is considered a Seller’s market.

Given the above conditions, there should be a final bid in excess of the opening bid. That overage will be distributed, on a protanto basis, in a descending progression to the next equity holder, which in your case should be you, the owner of the property at the time of the foreclosure auction.

Hope this helps.


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