Legal Question in Real Estate Law in Texas
Home Equity Loan & Senior Lien
I am interested in a property that�s to be auctioned @ county courthouse (Trustee sale).
The original owner had an ARM loan of $139000 in 2003.
In 2006, he repaid it (there is a release on file) & took a home equity loan of $164500 (80% of the then market value).
Now the home is getting foreclosed based upon the home equity loan.
I checked that there was no other lien on the property. My question is since it is getting foreclosed based upon a home equity loan, is it considered a senior lier?
Thanks.
MR
1 Answer from Attorneys
Re: Home Equity Loan & Senior Lien
It could be, but is best to get a professional title search because your check probably failed to pull up any probate issues, rights in a divorce decree, federal and state tax liens, and judgment liens.