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-   -   Real Estate Lien (https://www.askmehelpdesk.com/showthread.php?t=147831)

  • Nov 2, 2007, 02:13 PM
    dsherfey
    Real Estate Lien
    Three years ago I purchased a piece of property from an individual. The seller had previously sold the property on a land sale agreement. When the buyers on the land sale agreement defaulted I purchased the property from the seller.(The one and only name on Deed) To make everything legal the company that done my title search insisted on a quit claim deed to avoid any conflict between the couple on the land sale agreement and I. Currently I am in the process of selling the home. The couple buying the home from me of course had their own title search done. It reveled three judgement liens under the name of the couple that were buying the house on the land sale agreement. My question is how can a debtor place a lien on a piece of property if the debtee was not on the deed to that property. Am I now liable for these liens even though they are not in any way mine. What can I do to get these removed from my property?
  • Nov 2, 2007, 03:22 PM
    LisaB4657
    No, you are not liable for the liens. The debtors did not place liens against the property since the land contract purchasers never had title to the property. The only reason those judgments showed up is because the land contract purchasers gave you a quit claim deed so their names had to be searched for judgments.

    Call the company that issued your title insurance policy. They have to defend your title. They'll take care of it.
  • Nov 2, 2007, 04:35 PM
    dsherfey
    Quote:

    Originally Posted by LisaB4657
    No, you are not liable for the liens. The debtors did not place liens against the property since the land contract purchasers never had title to the property. The only reason those judgments showed up is because the land contract purchasers gave you a quit claim deed so their names had to be searched for judgments.

    Call the company that issued your title insurance policy. They have to defend your title. They'll take care of it.

    Thanks for your timely response. My title company sent me documents showing they researched the liens on 10/04 when I bought the property. The documents showed payoff amounts and the dates they were filed. The documents showed a fax to my title company from the lien holders attorney stating pay off amounts. My title company says the liens can't be attached to the property. The buyers title company say they are attached since the land contract purchasers had interest in the property by means of a down payment and the monthly installments they made. The documents I have, stated that the judgement liens entitles debtors to attach to any real property the defendants had interest in. I hope this helps in finding an answer for me.
  • Nov 2, 2007, 04:38 PM
    LisaB4657
    The buyers' title company representative doesn't know what s/he is talking about. The land contract purchasers' liens could not attach since they never held title to the property. Have your title company call the buyers' title company and clear it up for you. That's why you paid for a title insurance policy.

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