Posted by JD on December 18, 1999 at 24:17:00:
Any new mechanics lien or 2nd TD would be Junior to the existing 1st TD so the foreclosure plan you outline would not work. Two ideas I can think of:
- Depending on your State’s laws you may be able to purchase the property Tax lien certificate, then default, and clear Title that way.
- Your State may have a statue that makes any Deed of Trust which has not been collected on for x years (5, 6, 8, etc…) voidable.
You did not provide any numbers, but it seems highly unusual that the church would not make any attempt to assign the mortgage to someone else. Although it may not have much to do with the answer to your question, I would be interested in the circumstances leading to a church owning 6 properties, a church selling you 6 properties, and then a church dissolving and abandoning the mortgages on 6 properties? How much was the mortgage for, and how long has it been since you made a payment?