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Updated about 1 year ago on . Most recent reply

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Jessica Legan
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2nd Mortgage Foreclosure

Jessica Legan
Posted

Indiana sheriff sale tomorrow. Second mortgage ($67k) is foreclosing on the property, while there is an outstanding first mortgage ($256k).

Relevant verbiage from the judgment is as follows:

That the Mortgage of Plaintiff be, and it hereby is, foreclosed as a valid SECOND mortgage
lien, subject to the First Mortgage of XXXX, and the equity of redemption
of Defendant and all persons claiming by or through them, but excluding the interest of
XXXX arising under the First Mortgage, is hereby foreclosed on
….”

“B. The Real Estate will be sold by the Sheriff subject to the First Mortgage
of XXXX as soon as a sale can be had pursuant to relevant Indiana law;
C. Upon the sale of the Real Estate, said Sheriff shall issue a deed or deeds to the purchaser
or purchasers pursuant to relevant Indiana law at said sale, clear of all liens and
encumbrances;”

Can you help me interpret the above? Should I purchase the property, would I be subject to the 1st mortgage?  Seems info is conflicting...

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