First Mortgage vs. Abstract Judgement


#1

If the first mortgage was recorded in 2004 and there is an abstract judgement recorded in 2009; when the first mortgage is foreclosed the buyer at the auction does not have to pay the abstract judgement. Right?


#2

Under ordinary circumstances an abstract judgement would relate to a personal judgement against the homeowner and would be inferior to any Deed of Trust based on the recording date. It is highly unlikely that the buyer of the first mortgage would be responsible for the payment of this judgement. It is always a good idea to research any liens or judgements to make sure that they do not pertain to a matter that may affect title.