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About Dennis Herman
Expertise
I can answer questions on Real Estate such as question on writing an Offer to Purchase. What can go wrong after an offer is written? What is Buyer Agency and what will it do for me? What is a foreclosure? What is the difference between a foreclosure, a bank owned property and a short sale? What is the best way to locate a property? What steps can be taken to avoid foreclosure? How do Real Estate Agents get paid? How can I quickly build equity in a home? How do I view homes? What types of homes will have the best prices? How do I choose an agent? What types of financing are available?

Experience
Residential and commercial real estate. New home purchases. Buyer Agency. First time home buyers. Foreclosures, bank owned properties, estate sales and short sales.

Organizations
Greater Milwaukee Realtors Association Wisconsin Realtors Association National Association of Realtors

Publications
http://activerain.com/bloghome

Education/Credentials
State of Wisconsin Licensed Real Estate Sales Agent Accredited Buyer Agency Training Relocation Training Certified Senior Citizen Representative Wisconsin Real Estate Continuing Education

 
   

You are here:  Experts > Real Estate > Foreclosure > Foreclosure > Is 2nd Trust Deed Reconveyed?

Foreclosure - Is 2nd Trust Deed Reconveyed?


Expert: Dennis Herman - 9/2/2009

Question
I have a Full Reconveyance for a 1st trust deed back in 1981 but is the 2nd Trust Deed therefore reconveyed?  The Full Reconveyance references the 1st TD page number in the County Recorder's office.  The 2nd TD says "This Deed of Trust is given junior and subject to a Deed of Trust to record concurrently herewith."  We paid off the 2nd via checks that we have no proof of and the 1st was paid off when refinanced.

Answer
I am licensed to market real estate in Wisconsin.  Your question needs an a local attorney.  

Per the Offer to Purchase contract in the State of Wisconsin, all defects and liens must be cleared by the seller before a title can be transferred.  What this means is, all, the liens must be paid or forgiven before a new owner can take title.  I am not sure this is the case with your situation.  Even if a property is refinanced, the lender and title company usually make sure all liens have been paid before the new lender is added to the title.  The new lender will take the place of the old lender on the title when a property is refinanced.  If this is the case, you should have received a satisfaction of mortgage from the lender which was paid off in full when you refinanced the property.

I'm not sure, you may be looking at something wrong, or the title company may not have all the facts.  I just when through the same thing when I refinanced.  Liens from 2000, when I built the house suddenly showed up again.  I had to scramble to find all the lien waivers and a copy of a clear title.  I decided to scan all of these papers and keep a copy on the computer just in case I need them again.  

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