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dpmct
May 1, 2008, 02:15 PM
Hi all, I'm trying to buy a foreclosed home in CO that has a public trust deed issued on it to the bank I'm buying it from.

I understand that these type of deeds do not clear any secondary liens. Is that correct?

Also, the previous owner sold it to his wife (Via a LLC) with a warranty deed on record for 50k, it then went through the Colorado foreclosure process, araphoe county issued the Public Trust deed, but there is no Warranty deed from the LLC. Will the Title on this puppy clear?

Thanks in advance for any advice and counsel.

:(

Fr_Chuck
May 1, 2008, 04:39 PM
Have you went down and also checked if there were any secondary liens or intent to lien notices at the court housse.

The sale to husband and wife is always a iffy issue, but the warranty deed only states he will cover any problems of title to that buyer but between husband and wife it could be a cover of some issues.

If you have titled searched it ( deeds) and found nothing else after the purchase by the husband and no liens that he had there were never satisfied.

But if you are buying it from the bank, ask the bank to guarantee the deed, they own it by that deed, but ask them to sell it to you by warranty deed.