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Updated over 8 years ago on . Most recent reply

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19
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1
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Dan Bee
  • Los Angeles, CA
1
Votes |
19
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Tax Deed Sale Encumberances

Dan Bee
  • Los Angeles, CA
Posted

I plan on buying some real estate at a tax deed auction sale here in Los Angeles. My mother made a good point about the bank. From what I understand, once I have won a tax deed, the property will be free of (most) potential encumbrances (is that right?). My mother asked me about what happens when the previous owner (prior to me) has a mortgage on the property. Can the bank potentially say that the property is their collateral for the mortgage and that if I don’t pay the mortgage (in lieu of the previous owner), a lien can be filed against the property? Are there issues where a lien can be filed or are there encumbrances that transferred based from the previous owner to the new owner (me)?

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User Stats

129
Posts
102
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Leonard L.
  • Investor
  • Newport Beach, CA
102
Votes |
129
Posts
Leonard L.
  • Investor
  • Newport Beach, CA
Replied

yes, see a professional, but here are the general guidelines in California:

a tax sale should wipe out all private mortgage liens but the big danger is tax liens (IRS, etc).  It is extremely risky/foolish to buy without calling a title agent and having them run a quick check to make sure there are no government liens against the property or the owner.

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