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Updated over 2 years ago on . Most recent reply

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19
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Nick D.
  • Rental Property Investor
  • Springfield, MA
21
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19
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Negotiating Liens against the property

Nick D.
  • Rental Property Investor
  • Springfield, MA
Posted

Have a house under contract and Seller has medical & credit card liens against the property. Can someone help break down the steps as to confirming the all of the liens against the properties 

Also when i call to negotiate these liens, does the seller need to be on the phone or can I get a power of attorney notice and do this.

I know the liens in second position on a preforclosure property can be handled, Im just unsure of the steps needed and who I need to call for each of these liens.

Most Popular Reply

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Tom Gimer
  • DMV
3,417
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3,467
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Tom Gimer
  • DMV
Replied

Despite what your fact pattern suggests, there is no equity in this property. Further, some of the junior lienholders may be paid from the proceeds of a foreclosure sale, so they are unlikely to budge even if you had valid authority to negotiate on behalf of the owner. That function is typically reserved to attorneys or real estate agents who specialize in short sales... but the latter are really close to the edge of practicing law without a license.

IMO, it would make more sense just to bid at the auction.

  • Tom Gimer
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Eastern Title & Settlement
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