which liens survive a sheriff's sale in california?


#1

If I am only bidding on the interest of the debtor,do mortgage loans survive a sheriff sale?


#2

HI Barry,
You would need to check the lien position of the foreclosing loan or lien. Junior liens would be wiped out with the exception of IRS liens which have a redemption period. You would want to check reconveyances and suborindations that could affect the lien position as well. We have a great video on this subject at
http://www.foreclosuretruth.com/blog/sean/video-foreclosure-auction-guide/?


#3

Also, Sheriff’s sales are pretty uncommon in CA… we assume you mean trustee sale… correct?


#4

Sean -
You are right. I would be surprised if there are more than 100 Sheriff sales against real property in all of Ca. in a year.
In the past, title companies were reluctant to insure after a Sheriff’s sale before examining their file to make sure it was handled properly.