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Updated about 9 years ago, 10/12/2015

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Bill S.
Pro Member
  • Rental Property Investor
  • Denver, CO
2,884
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4,406
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Judgement questions

Bill S.
Pro Member
  • Rental Property Investor
  • Denver, CO
ModeratorPosted

I am working with a seller who by self identification is in foreclosure. The county foreclosure website has no foreclosure for the property or for her. She has not received any of the direct mail that I would expect if she had received and NED. When I pulled the Ownership and Encumbrances (O&E) it had several "judgments". Each judgement file only had two pages in it. I think the property has some equity after paying off the original mortgage and the hoa lien. I will ask an attorney on Monday but was hoping for some feedback/education before I talk to the attorney. What is the  risk that the judgments are attached to the real estate? It's the same bank as the mortgage. How do I find out if they are? 

In addition, there was a lis pendes filed back in January.  The lis pendes says "judgement and decree of foreclosure" but is only 2 pages. There is then a "judgement foreclosure" back in July again only 2 pages the last line saying the motion/proposed order attached here to:  GRANTED". My pessimistic self is guessing that the bank has obtained the property via a judicial means and the "owner" is now just an occupant waiting to be evicted. The "owner" said she had done a loan modification which she did not make any payments for so I'm wondering if she didn't give up the "normal/public trustee process" approach in exchange for the loan mod. What is your experience with this?

The property is in the Denver metro area of Colorado. Specifically Jefferson County.

Thanks.

  • Bill S.
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