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Message |
    
HS
Citizen
Username: Pseudoah2
Post Number: 2
Registered: 5-2003
| | Posted on Monday, June 23, 2003 - 10:27 am: | 
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Can anyone give me info on this...So close to purchasing house and the title search came back with liens/judgements..home owners say it is not them...How is this usually cleared up? Is there any hope of actually closing on time...anyone have a similar experience |
peteglider
Citizen
Username: Peteglider
Post Number: 144
Registered: 8-2002
| | Posted on Monday, June 23, 2003 - 10:56 am: |
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While I suppose its possible that a mistake was made with the liens, let me give you my experience.
The seller of my house smiled and the attorney said everything was wonderful -- until a search showed up bunches of liens and suits.
Sellers attorney sang a song about "poor seller" and the ex-spouse (who had NEVER even owned the house).
Anyway -- in the end seller says the liens are for debts owed, and oh by the way, seller in bankruptcy proceedings, too.
To cut to the chase -- my lawyer intensifed his efforts, found one more lien. In order to clear the liens up -- my lawyer paid them all and did all the paperwork -- which came out of the funds owed to seller.
Yes, closing was delayed a bit -- but believe me, you don't want to close with any of the seller's debts hanging onto what is about be your property!
Eveen a few years later now, I still get process servers looking for seller and they came a while back to repo the seller's car. (NO -- its not in MY garage!)
It was a headache -- but if you want the house -- and you trust your attorney -- you can make it work.
Good luck --
Pete
Pete |
HS
Citizen
Username: Pseudoah2
Post Number: 3
Registered: 5-2003
| | Posted on Monday, June 23, 2003 - 11:25 am: |
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Wow!!! what a headache..I am glad everything turned out ok for you...I guess I'll just let the barristers handle it all....Ugghhh!! Thanks for your input |
Brian O'Leary
Citizen
Username: Brianoleary
Post Number: 1477
Registered: 3-2002
| | Posted on Monday, June 23, 2003 - 11:40 am: |
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When we bought in 1987, the widow did not know or advise that she had never probated the will of her husband, who had passed away in the mid-1970s. He still had a share of the title. It took a little creative negotiating (we moved in on schedule and rented for a month or two, until the matter was resolved), but (as Peter points out) they can be managed. |
Elizabeth
Citizen
Username: Elizabeth
Post Number: 190
Registered: 7-2002
| | Posted on Monday, June 23, 2003 - 1:42 pm: |
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FYI--It could also be that the holder of the liens/judgements failed to notify the records department that the bill was paid. When we were living in Pennsylvania, the township put a lien against our property for a sewer bill we paid late. Despite numerous efforts to get them to wipe this from their records, it was still on there when we sold our house in Pennsylvania, when we bought our house in New Jersey AND when we renegotiated our NJ mortgage a year ago. Come to think of it, I should check yet again to see whether my most recent efforts to get it removed were successful . . . (dang, another red tape hassle on my list.)
What I am suggesting is this: if the current owners say the lien is not against them, then the previous owners ought to have produced something at _their_closing showing that the bill was paid. (That's what we had to do.) You could try asking them to go back through their records. I assume they don't want the closing to be delayed either!
Good luck!! |
Aldan O. markson
Citizen
Username: Aldan
Post Number: 2
Registered: 6-2003
| | Posted on Monday, June 23, 2003 - 1:50 pm: |
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If there are judgments against the name of the sellers, than the matter is handled as follows: the buyer's lawyer obtains an affidavit (sworn statement) from the sellers that the judgments are not against them but against another with a similar or identical name. The buyer's lawyer then gives the affidavit (called affidavit of title) to the buyer's title insurance company. Based on the affidavit, the buyer's title insurance company will provide insurance protecting the buyer against any loss arising from the judgment. I trust that I have answered your questiojn. |
HS
Citizen
Username: Pseudoah2
Post Number: 4
Registered: 5-2003
| | Posted on Monday, June 23, 2003 - 2:31 pm: |
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Thank you all for your responses they have been very helpful. |
akl
Citizen
Username: Akl
Post Number: 22
Registered: 8-2002
| | Posted on Friday, June 27, 2003 - 2:43 pm: |
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Liens attach to the property. It does not matter if the debtor is the current owner of the house, the lienor can enforce against the property, itself. Your mortgage bank and title company won't let you close unless the liens are satisfied. |
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