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Updated almost 10 years ago on . Most recent reply

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Chip Chronister
  • Investor / Rehabber
  • Fort smith, AR
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does a tax sale supercede the mortage

Chip Chronister
  • Investor / Rehabber
  • Fort smith, AR
Posted

Lets a you buy a property at a tax sale and it has a first mortgage with a bank lets say wells fargo (just for fun) who is responsible for the rest of the mortgage?

Would I have to pay it since now I have a deed for it? I would think the person who signed for it would be the one since they guaranteed it. The reason  I am asking this is bc I called the tax sale office and a woman told me that I would still be liable for the mortgage.

This is in arkansas, I know that all municipalities liens I would still be responsible for.

Thanks

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Ned Carey
  • Investor
  • Baltimore, MD
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Ned Carey
  • Investor
  • Baltimore, MD
ModeratorReplied

In general, a tax  sale clears the title of all other liens. The mortgage gets wiped out. This is the reason banks usually escrow for taxes so they know they will get paid. 

The bank is served so they know the tax foreclosure is happening and they have the opportunity to redeem and pay the taxes to protect their position. If they don't they lose. The former owner is probably still liable for the loan. However the property is no longer security for that loan. 

Now go back I read the first two words I wrote. This can vary by state law and I don't know the specifics in Arkansas

  • Ned Carey
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