I went to a foreclosure auction once where a guy bought the note from a bank and foreclosed on himself. Brighter than me, he knew that the only way the holder of the second note could come out was to outbid him at the auction. Didn"t happen and the holder of the second got nothing, losing $40k.
Here, highest bidder gets the property, no matter what the bid. The holder of the first (who usually forecloses) needs to attend the sale to ensure that the sales price is higher than the loan. I"ve been in that position, ready to bid.
First the attorney and taxes are paid, then note holders, in order, until there"s no money left.
Sometimes it works out better to not make the loan current and go through foreclosure. Depends on how many claims there are on the property, or a gamble that the first claim will not want to own the property after the sale, preferring to take a loss.
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Today's Featured Article - Restoration Story: Fordson Major - by Anthony West. George bought his Fordson Major from a an implement sale about 18 years ago for £200.00 (UK). There is no known history regarding its origins or what service it had done, but the following work was undertaken alone to bring it up to show standard. From the engine number, it was found that this Major was produced late 1946. It was almost complete but had various parts that would definitely need replacing.
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