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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36558
Experience:  16 years real estate, Realtor. Landlord 26 years
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If a property goes to tax lien foreclosure, and the mortgage

Customer Question

If a property goes to tax lien foreclosure, and the mortgage company is not notified. And then there is a tax sale and the 2 year statute of limitations runs, does the mortgage company have any interest or rights to the property sold by quitclaim deed?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If the mortgage lender was not properly notified about the sale, then their lien is not extinguished because they did not get their procedural due process rights to notice so they could appear and defend their interests. So their lien still survives the sale.

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In order to extinguish a lien, the lienholder must be notified of any action that seeks to extinguish their interest. If they don't get notified, then they have a legal right to have their lien continue against the property that is the collateral for the loan.

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The transfer by quitclaim deed wouldn't affect their rights because the mortgage company's lien is against the underlying property, regardless of whose name it it in.

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thanks

Barrister

Customer: replied 10 months ago.
No offense, but I want a refund because your answer is exactly the opposite of what I was told by the County Treasurer.

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