I was also a high bidder on an auction house. This house is in a subdivision I've watched for a while. I couldn't get to sleep one night panicking at the thought that I just bought myself a huge debt because of hidden liens. I got up and did some research. I hope I'm right on what I'm about to tell you.
To sum it up first, this is what I've found, plus supporting words from other sites:
from http://www.realtown.com/RichardHansson/blog/real-estate/title-issues-with-ma-foreclosures
"Purchasing a bank owned property has long been considered to be one of the best ways to buy real estate. Typically, a below market value price can be obtained and because the foreclosure process wipes out all junior liens on the property, the title to a bank owned property is assumed to be guaranteed clear and marketable.
Suffice to say, if you've purchased a foreclosure property in the past and still own it, you'll either be patting yourself on the back for purchasing an owners title insurance policy, or kicking yourself if you didn't."
and I hope it's true of AZ, too, cause that's where my house is.
from http://www.arizonarealestatenotebook.com/2009/09/24/past-due-hoa-fees-wiped-out-in-foreclosure-but/
"When a home is foreclosed on, all junior liens are wiped out, including liens for unpaid HOA fees."
From http://www.realtytrac.com/foreclosure/auction/how-to-buy-homes-at-auction.html
The priority of a lien is usually determined by the date it was placed on the property. So a first mortgage will usually have the first priority, and all other liens will be considered junior liens. In most states, the public auction clears out any junior liens, but there are exceptions such as tax liens, which typically will continue to be in effect after the auction"
They are transferring title via SPECIAL WARRANTY DEED, rather than TRUSTEE DEED,
so there's this:
Special warranty deed Arizona and junior liens
Arizona Revised Statutes
33-402, Forms for conveyances; quit claim; conveyance; warranty; mortgage ....
33-723, Right of junior lien holder upon foreclosure action by senior lien holder ...
33-730, Limitation on deficiency judgment on mortgage or deed of trust as .... 33-1226, Easement to facilitate exercise of special declarant rights ...
www.azleg.state.az.us/arizonarevisedstatutes.asp?title=33 - Cached - Similar
33-723, Right of junior lien holder upon foreclosure action by senior lien holder
Any time after an action to foreclose a mortgage or deed of trust is brought, and prior to the sale, a person having a junior lien on the property shall be entitled to an assignment of all the interest of the holder of the mortgage or deed of trust by paying him the amount secured, with interest and costs, together with the amount of any other superior liens of the same holder. The assignee may then continue the action in his name.
Hope this helps, and more so, I hope it's correct. So BUYING THE TITLE INSURANCE should protect us both. Best wishes on your purchase. Where is it?
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