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Updated about 10 years ago on . Most recent reply

User Stats

231
Posts
101
Votes
Stan Butler
  • Investor
  • Roswell, GA
101
Votes |
231
Posts

Lien and Judgment Priority at Foreclosure

Stan Butler
  • Investor
  • Roswell, GA
Posted

Researching a property going to the steps next month in Georgia. I found the following encumbrances:

  • 1st Mortgage
  • 2nd Mortgage
  • HOA Lien
  • 2 Writs of FiFa (think these are CC deficiency judgments)

I am guessing that the order of satisfying of liens would be exactly how its listed above. Can anyone confirm that?? Also, does the HOA Lien survive the foreclosure even if it cannot be satisfied by sales proceeds??

Most Popular Reply

User Stats

303
Posts
320
Votes
Tom Yung
  • Investor
  • Winnipeg, Manitoba
320
Votes |
303
Posts
Tom Yung
  • Investor
  • Winnipeg, Manitoba
Replied

@Stan Butler

FIFA in GA applies to tax owed. if this property goes to tax sale.

It wipes out 1st & 2nd mortgage, HOA will get back to you after you acquire the property.

So when bidding if on 1st, figure out the HOA, FIFA & take that into consideration.

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