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Updated over 8 years ago on . Most recent reply
Tax Deed Sale Encumberances
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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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.