Posted Jun 3, 2009, 3:35 PM
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BANNED
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Join Date: Sep 2006
Location: Pungent Onion, Illinois
Posts: 8,423
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^^^ Yes, I agree, it will probably sit empty for at least a while longer, but there are a lot of people with deep pockets out there who have the resources to buy and sit on it until the market recovers and potentially complete all or some of the tower section and make a huge profit...
@ Mojava: They don't necessarily have to be "paid off" but they have to be "released". You are correct that no buyer in their right mind would buy a property where their ownership of that property can be contested by a lien. Most of the time somebody ends up paying the people with the liens, but sometimes, especially in cases of foreclosure, the smaller liens get wiped out by the mortgage lien and ownership is completely reverted to the bank.
Its really a matter of what kind of lien it is, if its a first mortgage, then it will not be wiped out, if the first mortgage gets paid off then the other liens get paid off according to seniority by the proceeds from the sale. For example if a property has 200k in first mortgage, a 50k second mortgage, a 20k HELOC, a tax lien, and a contractors lien, and then is foreclosed and sells for 255k, then the first mortgage gets paid, the second mortgage gets paid, the HELOC will probably get 5k back, and the other liens are wiped out. If there wasn't a mechanism for wiping out the liens in a sheriffs sale or foreclosure then properties in default might never sell.
That said the first lender will often negotiate with the other lien holders (usually the second lender) and make a settlement to get them to go away to save time and effort going through the process of a full blown foreclosure. A lot of Mortgagees in foreclosure will simply try and ask to give the bank a deed in lieu of foreclosure or short sale in which case the bank must negotiate with the other lien holders to get them to release so the deed can transfer without the complicated and expensive legal proceedings of a foreclosure.
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