When buying Foreclosures and Auction property, do you need to clear all liens on the property? Do all liens need to be paid before closing?

Buying property at Auctions | Purchasing Foreclosure property.


One question posed by many clients when purchasing foreclosure property at auctions is what liens require satisfying prior to closing.

A summarized answer is: whether outstanding liens and encumbrances, i.e., mortgages, homeowners association assessments, delinquent taxes or other liens must be paid before clear title can be transferred, typically depends on whether it is a short-sale, foreclosure/trustee sale, bank-owned or conventional transaction. In some cases, short-sales and foreclosures/trustee sale may require that the liens are paid before a clear title is transferred, and how they are paid is usually negotiated by the buyer, seller or a combination of parties. Please contact the seller or its agent to inquire about any liens on a given property in which you are interested and/or how the property will be deeded or transferred to the buyer. For example, will the buyer receive a warranty deed guaranteeing clear title to the property, or will the title be transferred with the liens, making the buyer responsible for the existing liens? You would also need to double-check for any addendums by the bank or documents supplied by the Auction company regarding details of anything that would need to be paid by the buyer at closing. Not typical, but on occasion, this can be the case.

The majority of our clients purchasing a property including foreclosures and auction property use the Property lien report https://www.ustitlerecords.com/full-property-lien-report/ or Full property/owner lien report https://www.ustitlerecords.com/full-property-lien-report-plus/ located on the property records page of the site for due diligence.

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