Does a tax lien supersede the mortgage lien?
Submitted by: oliver s
If you purchased a tax lien and the owner failed to pay it within the redemption period. Will you be entitled to the deed of the property even if there is an outstanding mortgage against the property?
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June 23rd, 2008 at 12:32 am
Whichever lien was recorded first has priority. Since most mortgage companies would require tax lien to be paid before lending it is probably the mortgage that is in first position. You would have to pay off the mortgage to get the deed.
June 24th, 2008 at 11:58 pm
You have to partition this in court, and you would have to pay the mortgages. Very very few judges would award you the house, even if you had the funds to pay the mortgage if the home owner shows up at the hearing.
June 27th, 2008 at 3:56 pm
I misread the question. Ignore me.
June 29th, 2008 at 5:24 am
I assume this question is pertaining to “real property”
All these people who answered your question are incorrect!
It depends on if you are talking about a federal (IRS) lien.
Or a lien from county treasurer for ad velorum (property taxes). These are two completely different things.
In almost every case except New mexico, these liens are expunged from your property if you are referring to property taxes. However there are certain states like the state of Arkansas were the “limited warranty deed” you receive for
buying a tax lien is’nt worth the piece of paper its written on beceause, anyone can sue yoy for anything and the state will give them back their real property. THANKS commissioner of state land!