Legal Question in Real Estate Law in California

Property Left In HUD Foreclosed Home

I purchased a home through a HUD auction on 2/27/01. Installed in the home, among many other improvements was a water filtration system. Today 12/22/01, I received a letter from a water treatment company addressed simply to ''occupant'' claiming that it had a secured interest in my water treatment system. I've never heard of these people. I've never signed any agreement with them, and I bought the home through goverment auction as-is with this item already installed. It has been nearly a year since then and over a year since the prior owner was evicted/foreclosed. Do they actually have a claim to these items? What makes the water system any different than the phone, electric or sewage systems? Could anyone who was owed money for improvements that the prior owner made actually try and get money or equipment from me for it? Wouldn't it make more sense in them trying to get the original defaultor to pay for these items? Or at the very least HUD, who sold me the home as-is. Obviously that forclosure and auction were published public information to begin with.


Asked on 12/23/01, 1:11 am

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Property Left In HUD Foreclosed Home

When you buy a foreclosure at sale, there are no warranties as to other liens which may exist on the property, and it is up to you to research the title to determine if there are security interests which will survive the foreclosure sale. If this company says they have a security interest in the property, ask them to provide you with a copy of the recorded instrument; most likely, all they will want is their equipment back.

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Answered on 12/26/01, 12:45 pm


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