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Updated over 5 years ago,
Line of credit caused foreclosure, does older mortgage survive?
Hello BP,
I am a new investor in NC. I have been following a run down property I knew was headed to foreclosure for a few months. I had an attorney do a title search and he determined that it was a $25k line of credit that originated December 2012 that caused the foreclosure. However, there is an unsatisfied mortgage for $100k originated June 2006, and the remaining balance is unknown.
The property "sold" on the courthouse steps this week for only $3000. My attorney advised that whoever buys the house at auction will be liable for the remainder of the older $100k mortgage. But I cannot find any case of this in my research and every investor I ask says that foreclosure eliminates all debt, with the exception of taxes.
I am confused and cannot get the attorney to call me back to clarify. Anyone have any experience with a case like this? I think the house could flip for close to $200k, so getting it free and clear for close to $3k seems too good to be true...?
Thanks,
Matt