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Updated over 5 years ago on . Most recent reply

User Stats

158
Posts
39
Votes
Helen Zhang
  • Austin, TX
39
Votes |
158
Posts

A property with two secured loans

Helen Zhang
  • Austin, TX
Posted

I am interested to bid for a property that is currently listed on auction.com. (I had decent experience with auction.com in the past and it has been pretty good). 

However, this time I am having trouble reading the property deed record. There are two records, both look like they are secured against the property. One of the deeds is a subordinate deed of trust (which I believe it is a mortgage in the second position). 

My question is that if I purchase this property from auction.com, would I now be responsible for that second mortgage? (I believe not all listings from auction.com is a foreclosure, so I am a bit concerned that this is actually a standard sale where the buyer would have to be responsible for the second mortgage). Does anyone have experience with this? 

Most Popular Reply

User Stats

397
Posts
215
Votes
Ethan G.
  • Attorney
  • Katy, TX
215
Votes |
397
Posts
Ethan G.
  • Attorney
  • Katy, TX
Replied

If you buy the first lien deed of trust, it should wipe out the second lien deed of trust by operation of law.

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