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    kalhoon2's Avatar
    kalhoon2 Posts: 1, Reputation: 1
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    #1

    Oct 30, 2007, 09:16 AM
    The purchase of property with a lien
    What if I had purchased an item that may have had a lien on it, who is resopnsible for the lien? Province of Manitoba.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 30, 2007, 09:28 AM
    Hello k:

    I'm in the US, so I can't speak for your province. However, in the US, the lien goes with the property. If you now own the property, you're going to have to clear the lien before you sell it.

    The previous owner had that same responsibility, and had you purchased title insurance, he would have been held to account. But it doesn't appear that you did.

    Of course, if you DID have title insurance, then the title insurance company would be responsible for the lien.

    At least that's what I think. But what do I know?

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 30, 2007, 11:49 AM
    Quote Originally Posted by excon
    Hello k:

    I'm in the US, so I can't speak for your province. However, in the US, the lien goes with the property. If you now own the property, you're going to have to clear the lien before you sell it.

    The previous owner had that same responsibility, and had you purchased title insurance, he would have been held to account. But it doesn’t appear that you did.

    Of course, if you DID have title insurance, then the title insurance company would be responsible for the lien.

    At least that's what I think. But what do I know?

    excon

    You know - that is exactly how it works. If there is a bank/lending company/mortgage company involved they should have run a lien search and advised you of the lien. (I am speaking in the US.) I am not aware of any banks/lending companies/mortgage companies that do not require lien insurance.
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