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5
Posts
2
Votes
Adam Rivera
  • Investor
  • Chicago
2
Votes |
5
Posts

Foreclosure Title search ( liens & Mortgages )

Adam Rivera
  • Investor
  • Chicago
Posted Jun 3 2024, 13:30

I am new to the Real Estate foreclosure world. I have taught myself a bit on how to do TItle search on my own but I am no professional and I am still confused on the Order and Hierarchy of mortgages. If I were to buy a building that is in second mortgage foreclosure. Would I have to worry about the First mortgage (below the Second Mortgage ) or the third mortgage ( Above the Second mortgage )? Also I am a bit confused on. At what point do files matter to me as a buyer is it the date of the mortgage or the date of the foreclosure because I noticed some foreclosures can go on for a long time which gives the property more time to add more liens and such to the record pull? 

Can somebody Explain things I have to look out for and the order/Hierarchy. I live in illinois / Chicago The response doesn't have to be related to my state laws I just need over all Info Basic rule of thumb.   

Thank you, 

User Stats

15,957
Posts
13,363
Votes
Chris Seveney
Pro Member
#2 All Forums Contributor
  • Investor
  • Virginia
13,363
Votes |
15,957
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Chris Seveney
Pro Member
#2 All Forums Contributor
  • Investor
  • Virginia
Replied Jun 3 2024, 17:04

@Adam Rivera

Simple. You are responsible for anyone in front of you. So if you buy a 2nd position foreclosure you are responsible for the first position

Where dates come into play a lot is liens - if the liens were filed and recorded before a mortgage they are in priority.

User Stats

221
Posts
218
Votes
Dan Deppen
Pro Member
  • Erie, CO
218
Votes |
221
Posts
Dan Deppen
Pro Member
  • Erie, CO
Replied Jun 3 2024, 19:23

I recommend reading Bulletproof Title Due Diligence by Alex Goldovsky.

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3,732
Posts
2,263
Votes
Jonathan Klemm
Pro Member
  • Contractor
  • Chicago, IL
2,263
Votes |
3,732
Posts
Jonathan Klemm
Pro Member
  • Contractor
  • Chicago, IL
ModeratorReplied Jun 4 2024, 08:08

Hey @Adam Rivera - Great question... @Chris Seveney gave you a pretty spot-on answer.  You just have to worry about clearing the liens in front of you in line.

If you are looking to specifically buy some notes in Chicago feel free to reach out...I know someone that would be a good connection for you!

User Stats

57
Posts
21
Votes
Marc Phelps
Pro Member
  • Title Representative
  • Savannah, GA
21
Votes |
57
Posts
Marc Phelps
Pro Member
  • Title Representative
  • Savannah, GA
Replied Jun 24 2024, 12:43

If you are buying in Illinois regularly, I'm happy to pull title for you before you buy from time to time.