[WSBARP] Sheriff Sale Redemption and Publication Issue

[Marcus Fry]

If your client was the judgment debtor and the inferior liens were judgment liens, they automatically reattach as if your client bought real estate in the same county. Thus, I agree with Bryce.
Now if the inferior liens were mortgages, those don't reattach but these mortgagees could sue your client to obtain a judgment lien because although lien was extinguished by the foreclosure, the debt was not.



Sent from my Samsung Galaxy smartphone.


-------- Original message --------
From: Scott Hildebrand <scott at starboard-strategies.com>
Date:07/01/2017 2:28 PM (GMT-08:00)
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Cc:
Subject: Re: [WSBARP] Sheriff Sale Redemption and Publication Issue

Does my client redeem taking the property in exactly the same position had not the sheriff’s sale occurred?

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Saturday, July 1, 2017 1:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Sheriff Sale Redemption and Publication Issue

If the judgment was of record either before the commencement of the action or after the commencement but before the lis pendens was filed if any the judgment lien still attached to the property and was not affected by the foreclosure unless you can establish actual notice

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Saturday, July 01, 2017 12:57 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Sheriff Sale Redemption and Publication Issue

I am sure it was not entered after the foreclosure commenced.
It is not against the redemptioner, who is a third party. The party against whom the lien is filed is the person who lost the house and assigned those rights to my client.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Saturday, July 1, 2017 10:07 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Sheriff Sale Redemption and Publication Issue

Is it a judgment lien and was it entered after the foreclosure was commenced and did the plaintiff file a lis pendens? However if the lien was a judgment lien and against the redemptioner who redeemed and got title back then lien would attach to the property held in name of judgment debtor.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Saturday, July 01, 2017 9:50 AM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Sheriff Sale Redemption and Publication Issue

A client has redeemed a property subsequent to a sheriff’s sale- it was a judicial foreclosure that resulted in a sale at auction.
We have discovered a claim by a collection company that was entered after the lien that was foreclosed, so it should go away. It is a garden variety collection company lien- nothing super priority about it.
I know that the lien will be extinguished if the holder was served notice in the foreclosure process. But, what if the creditor was not properly served?
This just came to my attention, so I have not had time to check service records.

Thank you all in advance,
Scott Hildebrand
206-605-8874
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