Check out some similar questions!

joe2020 · Feb 13, 2013, 03:29 PM

I recently had a title search done on my property . There is currently no mortgages or liens shown . This seems to me to show that I own the home with clear title . Can another party claim that they have interest or foreclose on the property if there is no public record of them having a lien or mortgage with the county or register of deeds ?

LisaB4657 · Feb 13, 2013, 03:38 PM

If another party made a claim against you without some type of court order they wouldn't be able to foreclose on the property since there is no recorded security interest. However, if you owe someone money and fail to pay they can file a lawsuit against you. If they win the lawsuit then they will receive a judgment that will act as a lien on the property. If the judgment grants them the right to foreclose on your property then they can do so after the judgment is filed.

ScottGem · Feb 13, 2013, 03:41 PM

Yes. Someone could file a lien or come up with documents that show a mortgage. Just because nothing has been recorded doesn't mean the documents don't exist.

Do you believe there is a mortgage?

Are you planning on selling? Usually people get a title search if they are preparing to sell.

joe2020 · Feb 13, 2013, 08:56 PM

Thanks for the email , Yes I am planning to sell or transfer . Wells Fargo quit claim deed unto to me a year ago . Now some other bank is saying they have right and I owe them but they are not listed anywhere or on anything . They basically file a notice of hearing of foreclosure then never show up every 2 months so I had a 30 year title search done and nothing showed up . I don't see how they can show that they have any right to my property if they have no recorded lien or mortgage .

Maybe there was some title issues ( Lehman/MERS etc.) but nothing on record now.

What do you think?

LisaB4657 · Feb 13, 2013, 09:27 PM

It sounds like Wells Fargo owned the property after they foreclosed on the prior owner and then sold it to you after the sheriff's sale. If so then their foreclosure should have wiped out any other party's interest. Just to be safe I would purchase a title insurance policy. This way if anyone comes along making a claim the title company will defend you.

joe2020 · Feb 13, 2013, 09:41 PM

Thanks so much . True this is what happened . The thing that does seem odd is that the quitclaim unto me from Wells Fargo says " Not Examined- Title not certified "
I'm not sure what to make of that ?

LisaB4657 · Feb 13, 2013, 09:48 PM

That just means that they didn't certify the title. That's why they gave you a quit claim deed. That meant that they were making no promises about the quality of the title. They were merely transferring to you any interest they "might" have in the property. That's another reason why it would be a good idea for you to buy a title insurance policy.

ScottGem · Feb 14, 2013, 04:09 AM

Lisa beat me to it. That's the difference between a quit claim and warranty deed. The QC states that the seller is selling THEIR interest but does not guarantee clear title.

I totally agree that you should purchase title insurance. I also think you should get a copy of the Wells Fargo foreclosure order if you can. As Lisa said, if the other claimant did not fight the foreclosure, then the when the court granted the foreclosure, it wiped out other claims.

One last point, if they file again and don't show up, ask the court to dismiss it WITH PREJUDICE. Cite their record of not showing up. This will bar them from refiling.

joe2020 · Feb 14, 2013, 09:49 AM

Wow you guys have really helped a ton to clear up some issues . Thanks

AK lawyer · Feb 16, 2013, 07:55 AM

Originally Posted by joe2020

... . Wells Fargo quit claim deed unto to me a year ago . Now some other bank is saying they have right and I owe them but they are not listed anywhere or on anything . They basically file a notice of hearing of foreclosure then never show up every 2 months so I had a 30 year title search done and nothing showed up . I don't see how they can show that they have any right to my property if they have no recorded lien or mortgage .

Maybe there was some title issues ( Lehman/MERS etc.) but nothing on record now.
...

Have an attorney experienced in foreclosure matters look at the paperwork which the "other bank" filed. Their complaint should clearly explain what interest it is that they are claiming. The fact that they failed to show at the hearings doesn't necessarily mean anything, unless the court case was dismissed with prejudice.

If Wells Fargo acquired title through foreclosure, that would wipe out any interest the othe bank may have had. It's conceivable, perhaps, that the other bank acquired some interest senior to that of Wells Fargo, during foreclosure, and was not properly notified of the foreclosure action. However if they failed to record that interest, the quit claim to you would (I suspect) wipe it out.

Or, there is a possibility that Wells Fargo didn't go through with foreclosure and you acquired title in a short sale.

I am puzzled by your statement that "... there was some title issues ( Lehman/MERS etc.) but nothing on record now...." If Lehman had a recorded interest, that would still be recorded, although perhaps not a valid interest against you.

So, again, have an attorney look at the paperwork.