Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 4 years ago,

User Stats

12
Posts
1
Votes
Andy Gill
1
Votes |
12
Posts

Is 'The lien of the plantiff is superior in dignity...' right?

Andy Gill
Posted

I'm thinking of buying a property at a foreclosure auction with a complicated title history- there are 27 mortgage and release records alone for the one owner in the last 30 years. I believe I've matched up liens and releases or satisfactions except for about 190K in 4 remaining loans from the Small Business Association, but there are two things that make me think it's better than I understand:

1) The foreclosure doc asserts that "the line of the plaintiff is superior in dignity to any right, title, interest, or claim of the defendants, (list of defendants including the HOA and the SBA) and all other persons claiming by, through, or under the defendants and the property will be sold free and clear of all claims of the defendants...

This asserting that it's superior makes me think that any other lien is inferior? Or do I just not understand lawyer speak?

2) The SBA being the only lien holder left that I can deduce and being in the defendants list, that indicates that their liens would fall off of the property during this foreclosure sale, is that right?

Thanks so much for the advice and help- my 1 and 3 year old appreciate it very much!

Loading replies...