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So overages on foreclosure of a junior lein would go to the senior lien holder in a judicial foreclosure? In CA, overages on a junior lien at trustee sale go to any subsequent jr. lienholders, and if there are none, the overages would go to the owner.

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information service and I research title via the county recorders office and do a little other digging. I read the Lis Pendens filing but I don read every filing made during the court process.

Situations like this make me wish there was some investor club that could be self insured by events like this. "It came out of nowhere" type losses. It would never work of course but the auctions would be a little safer.

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I a bit confused though, wouldn the judgement amount show this issue clearly?I with Aaron on this one. I buy at auction, and I double check the actual case file before paying full amount, or before if not positive. Sometimes the LP doesn specify the mtg., only the property and defendant. I never heard of this situation. That said, if this happened what ever amount you paid above the second mtg. Judgement, would go to pay down the first. I don think this situation could legally happen in Florida. The suit couldn be assigned, to foreclose on a different mtg. It would have to be a totally separate action/case number/court filing.

Not to hijack the thread, but at what point do you warn a competitor he is missing something major. I not sure what i would of done if the bidder was my nemesis. I like to think I couldn watch someone lose that kind of cash. 500k mistake just seems so unlikely that nobody would of tried to sell that information to a known investor. Seems even more unlikely the room didn know what was going on. Maybe you could have your attorney file a motion on behalf of the defendant to have the sale vacated due to the erroneous paperwork. If it vacated or canceled you could file to get the funds returned.

Originally posted by Wayne Brooks:

PLEASE keep us informed on this.

My attorney is working on it and it might get resolved but I wonder if anyone else knows about this.

So in this case, the house is conservatively worth about 900K. The first mortgage balance is $488K and the second mortgage is $600K, so there is not overage from the 2nd on this auction.

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I am still reading through the minutiae of the court filings but this is just stunning to me. I have never heard that the subject loan of a foreclosure could switch midway through a case with no outward change to the case. This seems crazy. My lawyer said it is very rare. An official title search would not even catch this change.

That said, if this happened what ever amount you paid above the second mtg. Judgement, would go to pay down the first. I don think this situation could legally happen in Florida. The suit couldn be assigned, to foreclose on a different mtg. It would have to be a totally separate action/case number/court filing.

I with Aaron on this one. I buy at auction, and I double check the actual case file before paying full amount, or before if not positive. Sometimes the LP doesn specify the mtg., only the property and defendant. I never heard of this situation. Nike Lunarglide 3

I bought a fair amount at auction and I HAVE NOT heard of this. With that said, though the horse already left the barn I will say that i DO read every page of the foreclosure file after i win the bid but BEFORE i pay the entire balance. They give us 24 hours in Florida after the deposit is paid before the final amount is due.

the bottom line in my current case. A Lis Pendens was filed by lender A on loan 123. This was recorded in all the databases and in the county recorder. There was a also junior mortgage which was named as a defendant as normal. 18 months later the case has made to to auction. The case is published with the same case number and the same plaintiffs and the same subject loan in all the databases and the recorders office. Several people bid at auction and I "won". Lucky me.

When a junior lien forecloses judicially, do they name the senior lien holder in their case?

Judicial Foreclosure and Auction Experts

I had a scare on my last purchase from the courthouse where all my research was clean.

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When the buyers agent ran a title search a superior lien showed up that would have wiped out the one I purchased.

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Well it turns out that at some point during the 18 month period through some counterclaim process by the junior lender, the loan being foreclosed actually CHANGED to the junior loan. The case number stayed the same, the case proceeded under the same original plaintiff, all the databases and the county recorder office continued to show the subject loan as was Lender A and Loan 123. However, the loan being foreclosed at auction is now lender B and loan 456.

I will lose sleep tonight from this, auctions are a very scary thing for me. The more i learn, the more scared i get.

I am in a judicial state. When I research properties up for auction I use a respected 3rd party Nike Free 5.0 Flyknit Green

I research so many properties, I don know how I will have the ability to read hundreds of pages of court docs on every case before buying.

Has anyone else run into this? I wonder why, in all the books, seminars and classes I have taken this was never mentioned. Seems like kind of a big deal.

PLEASE keep us informed on this.

I was in the Marion county fl auctions once and some random home buyer came in (we always had a few new idiots each week) anyways this guy proceeds to bid 175k on a 2nd mortgage that the first was WAY under water, nobody bid against him. I was drinking at the time a bottle of water and I spit what i was drinking on my partner once i realized what was going on. I then said fairly loud "are you Nike Lunar Running out of your %%() mind" We all know how professional I am :) The guy blew me off and after the auction i told him to go to a title company and do a emergency search and pay whatever he has to. He again blew me off. A week later he came in, gave me an envelop with a 50 dollar starbucks card in it turned around and left quickly. The note said thanks for the warning. He lost 7500 dollars on the deposit, i help save him the other 170kish. He never came back.

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It is a long story but here is Lunar Nike Shoes Womens

I admit that I am freaking out a bit about a problem I have run into. I consider myself pretty experienced in REI.

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Good point Wayne about the paying down part. I be curious to learn what the other mortgage face value is and the market value of the property. Seems odd this situation could occur with multiple bidders at the 500k bid price range. The other bidders missed this too? I don have big enough marbles yet to bid over 250k on anything.

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Luckily it turned out to be an unrecorded satisfaction that took about a month to resolve due to the lender no longer existing.

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