Legal Question in Real Estate Law in California
I am considering purchasng a home in a California trustee's sale. The home has a first trust deed, second trust deed, IRS tax lien, and property tax lien. If I purchase the home in the auction, would I get ownership possesion of the home free and clear of all the liens against the house?
Asked on 7/08/12, 9:16 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
You wouldn't take free of the tax liens. Those would still have to be paid. If the first is foreclosing, it will wipe out the second trust deed. If the second is foreclosing, you would be still subject to the first.
Answered on 7/08/12, 9:45 pm
Tax liens are never wiped out until paid. Deeds of trust that are junior to the foreclosing deed of trust are wiped out. Senior debt remains attached to the property when junior debt forecloses.
Answered on 7/09/12, 12:05 am
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