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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] You'll have to sue the foreclosure processor.... Posted by Ward-CA- on November 22, 2003 at 10:04 PM In Reply to: Should junior mortgage be clear even though it wasn't not been served??? posted by Bich Nguyen on November 21, 2003 at 8:37 PM : Can anyone please help me to clarify this. : I'm in Florida. I recently bought a forclosure home. It was been foreclosed by the primary mortgage. After I bought I realized there was a subbornate mortgage to the primary, but it : was not been served during the foreclosure process (meaning the sub-mortgage was not been notified nor listed in the Notice of Lis Pendens). Someone told because it was not been notified, it may not be wipped out and I may have to pay that mortgage (I hope not because I can't afford to do so). I thought any junior or inferior mortgage should be wipped out automatically. : Your response is a big help for me. : Thanks : Bich Nguyen ===================== Bich, Yes, if a junior lien or interest is not informed that it is subject to being wiped out by the foreclosure of a senior lien, then the result is the junior remains on title. Since it’s the responsibility of the party processing the foreclosure to notify all those entitled to notice, the failure to do so is the processor’s fault. Thus, the processor is liable to the winning foreclosure bidder for amount of the junior lien that should have been wiped off title at the sale, but wasn’t. You will probably have to sue the processor to force them to negotiate the removal of the overlooked lien or pay it off—whatever it takes to expunge it off the title of the property. Hope this helps. Follow Ups: Re: You'll have to sue the foreclosure processor.... lou 2:42 PM, 12/07/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Can anyone please help me to clarify this. : : I'm in Florida. I recently bought a forclosure home. It was been foreclosed by the primary mortgage. After I bought I realized there was a subbornate mortgage to the primary, but it : : was not been served during the foreclosure process (meaning the sub-mortgage was not been notified nor listed in the Notice of Lis Pendens). Someone told because it was not been notified, it may not be wipped out and I may have to pay that mortgage (I hope not because I can't afford to do so). I thought any junior or inferior mortgage should be wipped out automatically. : : Your response is a big help for me. : : Thanks : : Bich Nguyen : ===================== : Bich, : Yes, if a junior lien or interest is not informed that it is subject to being wiped out by the foreclosure of a senior lien, then the result is the junior remains on title. : Since it’s the responsibility of the party processing the foreclosure to notify all those entitled to notice, the failure to do so is the processor’s fault. Thus, the processor is liable to the winning foreclosure bidder for amount of the junior lien that should have been wiped off title at the sale, but wasn’t. : You will probably have to sue the processor to force them to negotiate the removal of the overlooked lien or pay it off—whatever it takes to expunge it off the title of the property. : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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