In california real estate law, what kind of liens are not erased by a forclosure trustee sale? Pls. show links

Question

If I buy property thru trustee sale, besides the physical condition of property, what kind of leins from the previous owner do I need to pay/settle besides the 1st mortgage(trust deed).
Please give me links from law publications that I can print.

Answer 1

You need to research basic lien law, which is fairly the same throughout all fifty states. Any VALID lien (some are invalid) can ONLY be removed by consent of the entity which placed the lien. There are numerous types of liens which might cloud the title of a property. The IRS can place liens against properties for unpaid federal taxes, municipalities can place liens for unpaid taxes, some water utilities can also place liens for unpaid charges, contractors who perform work on the premises and suppliers who provide materials to the premises also can place liens for the value of their goods and services, plus, of course, lenders place liens on property as protection of their collateral.

The ONLY way to determine what you are considering buying is to have a title search done and updated directly before closing on such properties. A title search will reveal all liens and pending liens against the property. If these liens are not released prior to your purchase, you, as the next owner, will be liable to settle them.

Answer 2

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