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Updated almost 10 years ago on . Most recent reply

User Stats

32
Posts
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Rick Rapant
  • Investor
  • North Myrtle Beach, SC
4
Votes |
32
Posts

Re-performing Note with a Deficiency Lien Judgment

Rick Rapant
  • Investor
  • North Myrtle Beach, SC
Posted

The Info:

Seller of a note, I'm considering on purchasing, foreclosed on the borrower back on 12/25/2014 and holds a 100k deficiency lien judgment on them. The borrower, same individual, wants to stay in the home and has steady work with proof of income is the DD. The taxes are current and so are the payments since the new workout for 3 months. The new note is in the form of a Land Contract which I know means that if there is default, I can evict and enforce the judgment. I'm looking to purchase at approx 65% to 70% ITV.

My question:

What happens to the original 100k deficiency lien judgment and how if any does it affect the purchase of this note?

  • Rick Rapant
  • Most Popular Reply

    User Stats

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

    @Dion DePaoli

    Again, you had to point out the obvious...it's a CFD so "mortgagor/tenant buyer" doesn't have title. I have to be careful crossing the street....didn't see a car, but got run over by the Mack truck! If there is a deficiency judgment laying out there, obviously the buyer won't be able to refi out, if that was an expected exit plan, aside from the obvious credit issues the buyer now has.

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