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Author Topic: What happens to a mortgage in tax deed/lien sales?  (Read 82583 times)

Offline TK7

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What happens to a mortgage in tax deed/lien sales?
« on: February 10, 2011, 09:54:57 am »
 I cant seem to find a direct answer to this question? does it fllow the previous property owner? does the bank just loose out? is the person who bought the tax deed liable for it?

thanks

Offline taxlienadvisor

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #1 on: February 10, 2011, 10:14:24 am »
all mortgages are completely wiped out (except for N. Mexico)

so any of the banks or lending institutions, whether it be 1st, 2nd, etc...lose their investment!

here is something that not many people are aware of....

let's say I live in Florida, and I have a mortgage that is way more than what prop. is worth...and I don't have a lot of money, and I can't pay the taxes, so I'm pretty much in a s&%&@y position...

If I let the prop go to the deed sale after 2 years (FL is hybrid state), and the bank doesnt redeem, and the prop is sold...I'm screwed, right?....nope

let's say I owed $8,000 in back taxes to the county, and the prop. is sold at auction for $55,000....

the county (by law) can only keep the $8,000...so where does the other $47K go?

it goes to the homeowner who lost the prop... (however it is their position to apply for this money, and most people don't even realize it... whateva)

so the person who had money, was in debt, couldnt pay the taxes, lost their prop...is now sent a check for $47,000.... (doesn't work like this in all states) - some states the remainder of the money that doesn't go to the county is divided up between the lien holders from most important and down...
Michael R Callahan
Tax Defaulted Property Advisor
http://SEOAmerica.us
321.759.2436

Offline Carla Hailey

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #2 on: February 15, 2011, 01:33:11 am »
The investor who bought the tax liens or tax deeds would be liable for the said property.  Taxes owed to the government must be settled.
Learn How to Buy Tax Lien Properties

Offline taxlienadvisor

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #3 on: February 15, 2011, 09:25:08 am »
liable for what exactly?
Michael R Callahan
Tax Defaulted Property Advisor
http://SEOAmerica.us
321.759.2436

Offline sbgradinnb

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #4 on: July 14, 2011, 11:13:33 pm »
Confused here...

Offline sbgradinnb

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #5 on: July 14, 2011, 11:24:40 pm »
Also, if the mortgage is wiped out in a tax deed sale then why wouldnt a homeowner do the following-

Not pay taxes, let said property go to foreclosure, then have a friend purchase the property at auction wiping out the debt and re-selling back to original owner?

Now I would think this might be fraud, but in this economy I would expect people would gamble and try and do this?

Of course this is assuming taxes are not impounded/paid out of escrow.  And, the homeowner being upside down.

Offline ncarey

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #6 on: August 11, 2011, 10:58:40 pm »
Tax lien adviser is right. In most cases the mortgage is wiped out. This can vary with state law, but it is quite common and certainly the law in Maryland. This is exactly why mortgage companies normally escrow and pay the taxes themselves.

I will talk about Maryland law here however it is typical of how tax sales are done. The bank or any other lien holder is notified of the tax sale. They can, and usually do, pay the taxes to protect their interest. If they do not, their security in the property is lost.

However they owner is still liable to the mortgage company. A mortgage has two parts; the mortgage (or deed of trust) is the security in the property. When you take out a Mortgage you also sign a promissory note. That note makes you personally liable for the amount due. The security is what get wiped out not the personal liability.

Tax Lien Investor mentioned you could claim the amount of the bid, above the taxes due. ( usually called Surplus) The mortgage holder would have first claim on this.

Offline JazMajor

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #7 on: August 12, 2011, 11:47:07 am »
wondering the same thing.. glad I got the answer from this thread. Thanks
TaxLienAdvisor and Ncarey

Offline ClevelandSlim

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #8 on: August 12, 2011, 01:23:49 pm »
This is an example of an excellent thread. Question asked, question answered, done. Well done!

All the best,
~Slim~
REALTOR, SFR, from Ohio. I just moved to North Hollywood, CA!   Waiting for my real estate license. I need to make some money!  If you need web site work, ads posted, etc please contact me.
I Gotta Pay My Rent!!

Offline Dave Reynolds

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #9 on: September 08, 2011, 10:22:30 am »
In a tax deed/lien sale the mortgage follows the previous property owner and the new owner receives the property free and clear. Any money paid by buyer that is above and beyond what is due to the county to pay for the taxes is paid to the various lien holders, which generally includes the mortgage company in the first position. Once the sale of the property has occurred the bank can seek to obtain any additional money that is due from the original property owner.

Offline Sharp2234

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #10 on: October 24, 2013, 08:13:58 pm »
After a tax deed sale is complete and the taxes are paid, if there is any monies remaining, how does the home owner claim the money ?

Offline Bill H

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #11 on: October 26, 2013, 10:43:53 pm »
all mortgages are completely wiped out (except for N. Mexico)

NOT SO, they are wiped clean from the title and BECOME unsecured debt.


so any of the banks or lending institutions, whether it be 1st, 2nd, etc...lose their investment!

NOT SO, se above.

here is something that not many people are aware of....

let's say I live in Florida, and I have a mortgage that is way more than what prop. is worth...and I don't have a lot of money, and I can't pay the taxes, so I'm pretty much in a s&%&@y position...

If I let the prop go to the deed sale after 2 years (FL is hybrid state), and the bank doesnt redeem, and the prop is sold...I'm screwed, right?....nope

let's say I owed $8,000 in back taxes to the county, and the prop. is sold at auction for $55,000....

the county (by law) can only keep the $8,000...so where does the other $47K go?

it goes to the homeowner who lost the prop... (however it is their position to apply for this money, and most people don't even realize it... whateva)

so the person who had money, was in debt, couldnt pay the taxes, lost their prop...is now sent a check for $47,000.... (doesn't work like this in all states) - some states the remainder of the money that doesn't go to the county is divided up between the lien holders from most important and down...

In FL after the tax certificate matures you still must go to foreclosure and any excess from the foreclosure sale will go back to the chain of title....NOT to the owner.

PLEASE be accurate in you posting.  There are those who are new and believe your post to be truthful and accurate.

It does not speak well for you to post inaccurately and does not bode well for the newcomer to take it as fact.



 

 
 
 
« Last Edit: October 27, 2013, 06:47:15 pm by Bill H »

Offline Newbie888

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #12 on: October 27, 2013, 10:46:21 pm »
There is not enough information on the posting.  It is Tax Deed Sales that wipe out the mortgage(s) or when the property become a deed to the new owner.  Tax Liens do not wipe out the mortgage(s).  Also, Tax Sales do not wipe out Assessment or IRS Liens (government liens), if they are attached to the property. 

Most Tax Deed Sales I have been to get sold close to fair market value.   You have to check which counties does not have a lot of bidders to get a good price.  It is a lot of research work  before the auction with most of the properties getting redeemed before the auction.

My suggestion is if you ever over paid, you should consider extending the living space for a larger home.  That may help, provided the area can support the estimated selling price in a good area that sells.
« Last Edit: October 27, 2013, 11:34:04 pm by Newbie888 »

Offline missladykey

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #13 on: August 08, 2014, 07:36:03 pm »
Tax lien adviser is right. In most cases the mortgage is wiped out. This can vary with state law, but it is quite common and certainly the law in Maryland. This is exactly why mortgage companies normally escrow and pay the taxes themselves.

I will talk about Maryland law here however it is typical of how tax sales are done. The bank or any other lien holder is notified of the tax sale. They can, and usually do, pay the taxes to protect their interest. If they do not, their security in the property is lost.

However they owner is still liable to the mortgage company. A mortgage has two parts; the mortgage (or deed of trust) is the security in the property. When you take out a Mortgage you also sign a promissory note. That note makes you personally liable for the amount due. The security is what get wiped out not the personal liability.

Tax Lien Investor mentioned you could claim the amount of the bid, above the taxes due. ( usually called Surplus) The mortgage holder would have first claim on this.

Offline missladykey

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Re: What happens to a mortgage in tax deed/lien sales?
« Reply #14 on: August 08, 2014, 07:42:53 pm »
can the former homeowner claim the surplus funds from a tax sale if the  mortgager or other lien holders owed do not place a claim on it; or will the former home owner just be denied all together?

 




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