User login

Member Directory

Do mechanics liens get removed after the foreclosure sale?

Comments:

Submitted by Sean on Sat, 05/03/2008 - 11:15pm.
Generally all liens that are

Generally all liens that are junior to (dated after the loan in question  and no subordination) are wiped out at sale. Property taxes are always senior, and IRS liens have a 120 day right of redemption.

That said I've heard that there is some case law that says a mechancis lien may stand IF the work was necessary to protect the asset. I'd imagine this to mean repairs after a storm, or a water pipe breaking, and NOT something like new carpet.

USFN tends to be a great resource for keeping up to date on the latest legal issues around trustee sales. I've purchased some of the publications and guides and get their e-update which I find very useful on these topics.

Submitted by Apian (not verified) on Mon, 06/02/2008 - 5:48pm.
Interesting. What is

Interesting. What is tracking mechanism for the "mechanics lien qualified repairs" to be recorded and later tracked?

Submitted by Sean on Mon, 06/02/2008 - 6:47pm.
They are recorded at the

They are recorded at the county recorders office. Right now there is no good source other than the county recorder or a title company to check for these. They are fairly rare - I've never had to pay one on my 150+ foreclosure purchases.

Submitted by carpet cleaners (not verified) on Mon, 08/11/2008 - 2:16am.
The mortgage holder can

The mortgage holder can usually initiate foreclosure at a time specified in the mortgage documents, typically some period of time after a default condition occurs. Within the United States and many other countries, several types of foreclosure exist.

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <code> <ul> <ol> <li><p><br>

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Copy the characters (respecting upper/lower case) from the image.

Sponsors

ForeclosureRadar.com

Free California Foreclosure Report



ForeclosureRadar

You can search, track, manage, and analyze every foreclosure in California FREE, Right NOW!!

FREE Trial