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I've heard that if there is a mortgage on a property and it is seized by the government that they don't need to pay the mortgage. Supposedly the lender would have a new claim against for the remaining amount on the mortgage.
I don't know if this is true, it is not from a verified source.
This is the case. Government always gets paid first.
The loss that the lender takes on a seized mortgage counts as income for the borrower.
The Guardian was reporting that mortgages take priority
They're quoting Adam Leitman Bailey, a great real estate lawyer. His Wikipedia page is interesting, he was involved in some controversies, resulting in him not being allowed to do his work for 4 months.
In the article he comments about the Trump case. Which I find odd as lawyers usually stick to what they know.
A bit of an odd person that they're quoting.
I've read that too, but I very much doubt it. It would screw over the lender big-time. In any other circumstance, they would get paid first on any sale of that property. Why should they get cut out if it gets seized? That leaves suing Trump directly as their only recourse. And in case you haven't noticed, that all takes time and is very expensive. It seems wrong for the State to saddle Trump's creditors with that.
Plus, it would effectively give more "credit" to the person whose property is being seized than they are due. If there is a $100M property that has $80M in liens, and he sells it on his own, he will only have $20M left. Why should that change if the State has to seize it and sell it? That would o ly give Trump incentive to force the State to take the properties: he would lose control of fewer properties that way.
Sounds legit. Newsweek will run the headline this afternoon.