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Updated over 4 years ago on . Most recent reply

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5
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Robert Smith
  • Investor
  • Clearfield, UT
1
Votes |
5
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In need of help understanding incumbrance of a property

Robert Smith
  • Investor
  • Clearfield, UT
Posted

So about two years ago I entered in a contract with a friend to fund rehab costs on a house in Utah. The rehab was only 30k and was only suppose to be a two month project.  The project had and still has many issues - many of which boils down to communication. So fast forward two years later and I have been working with an attorney to unravel this mess.

I am one of several liens on the property. As I read over the foreclosure report, nearly all of the liens are in a Trust. My attorney is saying that all of these liens are still attached to the property.

As far as I know the home is caught up in mortgage payments. The property is currently in foreclose because of my lien. Any insight or knowledge in this field would greatly be appreciated.  Thank you.

Here is some of the Foreclosure Report:

  1. A Deed of Trust executed by Lee G. Noorda and Irene E. Noorda, his wife, as joint tenants with full rights of survivorship as TRUSTOR and Zions First National Bank as TRUSTEE, in the stated amount of $70,831.75, in favor of The Lockhart Co., a Utah Corporation as BENEFICIARY, dated January 6, 1986 and recorded January 8, 1986 as Entry No. 4186110, in Book 5725, Page 1718, of Official Records.

  2. Deed of Trust (MERS) executed by Lee Noorda and Irene E. Noorda, husband and wife as joint tenants, as TRUSTOR and Investors Title Company as TRUSTEE and EquiFirst Corporation as LENDER, in the stated amount of $301,750.00 in favor of Mortgage Electronic Registration Systems, Inc., (MERS), acting solely as a nominee for Lender and Lender's successors and assigns as BENEFICIARY, dated November 17, 2006, and recorded December 13, 2006, as Entry No. 9939205, in Book 9394, at Page 2796 of Official Records.

    The beneficial interest under said Deed of Trust was assigned to U.S. Bank Association, as Trustee, on behalf of The Holders of The Home Equity Asset Trust 2007-2 Home Equity Pass-Through Certificates, Series 2007-2.

    A Substitution of Trustee dated October 11, 2017 and recorded October 17, 2017 as Entry No. 12638774, in Book 10609, Page 8781, of Official Records, wherein eTitle Insurance Agency was substituted as Trustee under said Deed of Trust.

    A Notice of Default under said Deed of Trust was recorded October 17, 2019 as Entry

    No. 13101879, in Book 10847, Page 1627, of Official Records.

  3. A Deed of Trust executed by Greener Homes, LLC as TRUSTOR and Cavalier

    Investments, LLC as TRUSTEE, in the stated amount of $50,000.00, in favor of Hampton Homes, LLC as BENEFICIARY, dated January 25, 2017 and recorded

  4. January 25, 2017 as Entry No. 12462162, in Book 10523, Page 8274, of Official

    Records.
    18.A Deed of Trust executed by D & G Family Trust as TRUSTOR and Cavalier

    Investments, LLC as TRUSTEE, in the stated amount of $30,000.00, in favor of Robert Smith as BENEFICIARY, dated May 17, 2018 and recorded May 17, 2018 as Entry No. 12774184, in Book 10675, Page 4672, of Official Records.

    1. The Right, Title and Interest of D & G Family Trust as disclosed by Deed of Trust With Assignment of Rents, dated May 17, 2018, and recorded May 17, 2018, as Entry No. 12774184, in Book 10675, at Page 4672, of Official Records.

    2. A Notice of Federal Tax Lien in the amount of $167,879.21 and recorded November 18, 2010 as Entry No. 11077921 in the Office of the Salt Lake County Recorder, in favor of: THE UNITED STATES OF AMERICA, AGAINST Geoff Watson, as Debtor.

    3. Paperless Child Support Lien (ongoing) for child support filed originally on February 22, 2012 under Case No. 126907306 in the 3rd District Court, State of Utah, County of Salt Lake, showing Dustin Christensen as DEBTOR, and Department of Social Services, Office of Recovery Services as CREDITOR. Said lien was last modified on February 27, 2019, with a new judgment total in the amount of $2,668.96. REQUIREMENT: Verify and determine with said creditor that all modifications and/or delinquencies have been paid in full prior to closing the contemplated transaction.

    4. A Warrant for Delinquent Taxes in the amount of $20,047.92 and docketed July 16, 2012 under Case No. 126921902 the 3rd Judicial District Court, in and for the County of Salt Lake, State of Utah, showing Geoff Watson as DEBTOR and THE STATE TAX COMMISSION OF THE STATE OF UTAH as CREDITOR.

    5. Paperless Child Support Lien (ongoing) for child support filed originally on August 21, 2013 under Case No. 136933450 in the 3rd District Court, State of Utah, County of Salt Lake, showing Geoffrey W. Watson as DEBTOR, and Department of Social Services, Office of Recovery Services as CREDITOR. Said lien was last modified on November 6, 2019, with a new judgment total in the amount of $92,969.00. REQUIREMENT: Verify and determine with said creditor that all modifications and/or delinquencies have been paid in full prior to closing the contemplated transaction.

    6. Paperless Child Support Lien (ongoing) for child support filed originally on May 4, 2016 under Case No. 166912139 in the 3rd District Court, State of Utah, County of Salt Lake, showing Gregory M. Sanchez (Prior Title) as DEBTOR, and Department of Social Services, Office of Recovery Services as CREDITOR. Said lien was last modified on November 6, 2019, with a new judgment total in the amount of $27,628.03. REQUIREMENT: Verify and determine with said creditor that all modifications and/or delinquencies have been paid in full prior to closing the contemplated transaction.

Most Popular Reply

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
Votes |
23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

@Robert Smith Well, there are Boatload of liens Ahead of you....assuming none of these have been paid off/released, including the IRS lien. 

How much is the property worth?

The NOD for #2 (who is superior to you) seems to be headed to foreclosure. Whether or not you get your foreclosure to auction first, this foreclosure will wipe you out.
There seems to be well over $500k in liens/mtgs ahead of you. 

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