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Updated over 4 years ago on . Most recent reply

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Haiyang A.
  • Cincinnati, OH
6
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69
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Seniority between two mortgages recorded at the same date/time

Haiyang A.
  • Cincinnati, OH
Posted

I was looking at an upcoming bank foreclosure and noticed that the original owner had two mortgages recorded with the same date and time. The current foreclosing mortgage appears to be of lesser amount ($20K vs. $90K for the other one). Because they have the exact same recorded date and time per the local recorder’s office, how can we determine the seniority of the lien? 

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Chad U.
  • Investor
  • Boca Raton, FL
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Chad U.
  • Investor
  • Boca Raton, FL
Replied
Originally posted by @Haiyang A.:

I was looking at an upcoming bank foreclosure and noticed that the original owner had two mortgages recorded with the same date and time. The current foreclosing mortgage appears to be of lesser amount ($20K vs. $90K for the other one). Because they have the exact same recorded date and time per the local recorder’s office, how can we determine the seniority of the lien? 

 Check the instrument number or book/page number of both, they should be in sequential order and will tell you the position.  That with the lower number will have seniority. If it's the 20K will most likely be in 2nd position, it will be subject to the 1st.  

And yes in OH bidding starts at 2/3 of appraised value, but if it doesn't sell then will be rescheduled again with no bid minimum.  

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