QUESTION
Do a lien on a property go away after a short sale or a foreclosure?
Asked on Jan 11th, 2013 on Real Estate - Virginia
More details to this question:
An attorney call me and said that I had to take their offer or I cant get paid on the lien that's on the property if it goes into foreclosure.
1 ANSWER
If your lien is inferior to another lien, for example if you hold a second deed of trust, a foreclosure under the first lien would wipe out your lien, but you would get paid any excess proceeds over and above the expenses and the payoff of the first lien, if any. If the property is already "under water" on the first lien, your second lien is worth little although you have some bargaining power as they can't do a private sale unless you release your lien, making foreclosure their only option. A short sale doesn't wipe out liens. A foreclosure wipes out any liens inferior to the one being foreclosed.
Answered on Jan 22nd, 2013 at 12:43 PM