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Updated almost 4 years ago on . Most recent reply

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Joshua Weaver
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5
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Sheriff's Sale - Mortgage not included

Joshua Weaver
Posted

Hello, I'm new to Bigger Pockets and I'm looking for advice regarding a property that is up for Sheriff's sale. There is a house in a great location and neighborhood going up for Sheriff Sale and I can't find details for how this situation would work. The starting bid of the Sheriff sale is 95k. It does not include the mortgage which appears to be $30k. What I've been told by the Sheriff's office is they never advise anybody to bid on a property that has a first lien that is not included in the Sheriff sale because it could prove difficult to get the title from the mortgage company. You'd have to work out a deal with them to pay off the mortgage and transfer the title to you which may not be possible and you'd be at a loss. This is in Indianapolis. Does anybody have experience with this that would be willing to give advice? The official title search is happening right now and I'm hoping the title company will be able to advise me on this, but in the meantime I thought this would be a good place to ask for advice.

Paet of me says maybe I'll be able to get a better deal because fewer people will be willing to bid on it and part of me wonders if it would be stupid to bid if there is a possibility that I won't be able to get the title.

Most Popular Reply

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Jerel Ehlert
  • Attorney
  • Austin, TX
758
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887
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Jerel Ehlert
  • Attorney
  • Austin, TX
Replied

Hard to say exactly what type of sale this is from - what is the basis of the sheriff's sale. Back taxes, judicial foreclosure, POA/HOA, mechanic's lien, or something else...

First, laws vary GREATLY by state.

You need to understand the basis of the suit allowing the foreclosure.  The lien that is judicially foreclosed will determine what gets wiped out (all junior) and what stays (all senior).

  • Jerel Ehlert
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