Not exact matches
Under the current system, a home
buyer typically pays thousands
of dollars to hire someone to go to the county courthouse and search through documents for any outstanding
liens on the property.
Similarly, if your credit rating is high with no outstanding judgments or
liens, your lender may pre-qualify you for a wide range
of mortgage products which are unavailable to
buyers with low credit rating.
The purpose
of the search is to make sure the
buyer is purchasing a house from the legal owner and there are no
liens, overdue special assessments, or other claims or outstanding restrictive covenants filed in the record, which would adversely affect the marketability or value
of title.
We strongly recommend having the final paper work
of the land contract to be notarized and filed with the county recorders office and check to see if there are any
liens on the property to protect the
buyer and to prevent any dishonesty from the seller.
These funds are not forgiven after a certain period
of time; rather the
lien will stay on the property until the
buyer decides to sell the home.
Chapter 13 can prevent the sale
of your real estate tax
lien to a debt
buyer.
The
buyer's agent and myself were going to pay it out
of our commission but the 1st
lien holder refuses to allow it on the HUD.
The
buyer can pay the seller the money to cover the
lien (in the case
of a bank loan) but that doesn't mean the seller will actually pay off the loan (so the title is never clear!).
As with the example above, mortgage lenders, mortgage insurance companies, second
lien holders, and in the case
of short sales, the new
buyers have to agree to the terms
of the loss mitigation program.
In a warranty deed, seller represents that he owns the property and has the right to sell the property to the
buyer and that no
liens or claims are against the property except those that are expressed on the face
of the deed.
A Warranty Deed is a preferred method
of transfer as it provides the Grantee (
Buyer) with guarantees that the property purchased is free
of debt or other
liens and that the Grantor (Seller) has the authority to sell the property.
His experience includes representing providers and purchasers
of construction services and materials in matters involving construction defects, contracts, and
liens; representing
buyers, sellers, owners, lessors, and tenants
of real estate in land and lease disputes; representing owners, directors, officers, and employees in business and employment disputes; and representing individuals and entities in a broad array
of other litigation matters.
The
Buyer must receive, on or before this deadline, true copies
of all existing surveys in the Seller's possession pertaining to the Property and must disclose to
Buyer all easements,
liens or other title matters not shown by public records,
of which the Seller has actual knowledge.
It's not much different from you paying part
of the purchase price to the seller or giving money to the
buyer for their down payment — but without the benefit
of a
lien or titled equity interest.
Prior to closing, Relocation filed a broker's
lien on the property, claiming that it was entitled to its portion
of the commission for producing a
buyer for the property.
If, however, there is no
buyer for the property you have up for sale, most lenders will place a
lien on the property, thereby making that bridge loan a kind
of second mortgage.
In Ohio, you can collect up to 18 % interest, but if the property is too much
of an armpit to find a
buyer in the foreclosure auction or the property owner doesn't pay off your
lien, you've got a certificate with $ 0 value.
The price Tax
Lien Buyers Club would sell to their clients is the current Redemptive Value of the tax lien, which is the same price the county would sell a lien to a cli
Lien Buyers Club would sell to their clients is the current Redemptive Value
of the tax
lien, which is the same price the county would sell a lien to a cli
lien, which is the same price the county would sell a
lien to a cli
lien to a client.
Tax
Lien Buyers Club will give you the advantage
of looking at
liens you have been provided with and you never have to purchase anything you don't want as with all things in life.
Josh Carr is the Chief Marketing Officer for REI Holdings dba Tax
Lien Buyers Club (aka Tax
Lien Vault, i.e. Neff Companies — it's all the same), so
of course he's going to tell you it's amazing and you should buy into it.
Above in the thread is an example
of the information provided by Tax
Lien Buyers Club being factually incorrect and not understood by one
of their associates.
I both sell and purchase properties via the lease option method and one
of my protections as the lease option
buyer is knowing that the seller / owner can not sell or refinance the house out from under me as long as I have that recorded option against the property effectively creating a
lien.
Experience with different lenders will tell you, for example, whether the process will extend beyond your
buyers» time frame or the holder
of a second
lien will stand in the way
of the sale.
Here is a clause to assist you in making sure the seller does not remove anything that the
buyer is expecting to receive on closing: «The seller represents and warrants that all existing flooring and floor coverings, drapery tracks, ceiling fans and fixtures, built - in appliances, bathroom mirror (s), heating - ventilating - air conditioning equipment, central vac and accessories and all other items secured by means
of nails, screws, plumbing, wiring, ducting and related accessories that are now on the property are to be included in the purchase price except items which are leased or rented and those specifically listed herein and all shall be in working order and free from all
liens and encumbrances on completion.»
Buyers need to be wary
of unpaid
liens, including mortgage debt, taxes, construction loans, home equity lines
of credit, and possibly a second or third mortgage.
The Title Company also entered into an agreement with the Seller and
buyer to escrow the amount
of the Brokerage's
lien.
Keys to the Lake Lodging Co., LLC («
Buyer's Representative») filed a notice
of broker's
lien right against those units and mailed a copy to the Seller, claiming a commission from those transactions.
I thought about looking into auctions before but thought at the time the risks are higher with the
buyer having to really do their title work and
lien searches carefully ahead
of time since you are not going to get a title insurance.
The other advantage
of REOs is that the seller / lender pays any outstanding taxes and
liens rather than the
buyer.
The bank will see to the removal
of tax
liens, evict occupants if needed and generally prepare for the issuance
of a title insurance policy to the
buyer at closing.
The benefits
of these sales are that
buyers have a chance to inspect the property prior to purchase, the title is usually clear
of all
liens, and any outstanding taxes are the seller's responsibility.
Title Insurance — An insurance policy, purchased by the Seller in most states, that warrants that the Seller has the authority to sell a given property and that the property is being transferred to the
Buyer free
of all
liens and encumbrances.
Similarly, if your credit rating is high with no outstanding judgments or
liens, your lender may pre-qualify you for a wide range
of mortgage products which are unavailable to
buyers with low credit rating.
v. Chase (186 A.D. 2d 341) summary judgment for broker affirmed; commission earned when produced ready, willing and able
buyer; no evidentiary support for claim
of «when, as and if title passes» or broker misconduct; defendants inability to reduce or release
liens on property is irrelevant.
Buyers should be very careful with buying these properties because
of various issues including, but not limited to, prior mortgages, HOA and Condo
liens, municipal code violations, repair and structural issues, etc..
That leaves
buyers with few choices for the types
of loans available where there is a HERO
lien on the property.
The
buyer's agent and myself were going to pay it out
of our commission but the 1st
lien holder refuses to allow it on the HUD.
• Dealing with the emotional aspect
of selling a loved one's home • The financial cost
of making the necessary updates intended to attract
buyers • Dealing with potential costly
liens and other hidden challenges
Even in a cash transaction where no lender is involved, the
buyer and seller may have to deal with all sorts
of complications, such as removing any clouds on title (like satisfying any outstanding mortgages or paying any tax
liens)-LSB-...]
If and when the
buyer gets a refinance loan, the wrapped loan is paid and released, and the seller keeps any cash that exceeds the payoff amount
of this first
lien.
In any closing, but especially a Florida closing where someone is buying their primary residence, that
buyer assumes that the seller is legally transferring full ownership
of the land, and the improvements built upon the land (house, driveway, fence, sewer drains or septic systems, etc.), free and clear
of any
liens or encumbrances.
Even in a cash transaction where no lender is involved, the
buyer and seller may have to deal with all sorts
of complications, such as removing any clouds on title (like satisfying any outstanding mortgages or paying any tax
liens) or satisfying any municipal violations (for things like overgrown grass or excessive trash on the property).
As title insurance is a necessary safeguard, to both
buyers and lenders, that the property involved is free
of any
liens or other issues, it is Premier Service Abstract's guarantee to ensure a smooth and flawless real estate transaction.
However, for the real estate agents involved in the deal, along with the title agents as well as any real estate lawyers hired by either
buyer or seller, closing on real estate is a familiar transaction, filled with all sorts
of tasks and to - do lists (some
of these tasks require spending money, like for inspections, title searches, survey and
lien search, etc.) before the sale
of the property is completed.
The purpose
of the search is to make sure the
buyer is purchasing a house from the legal owner and there are no
liens, overdue special assessments, or other claims or outstanding restrictive covenants filed in the record, which would adversely affect the marketability or value
of title.
Legal / Financial Considerations - Possible or probable short sale or foreclosure - Violation
of building codes, zoning ordinances or other restrictive covenants - Zoning (restricting
buyer's intended use for the property)- Homeowners association obligations - Tenancies, judgments or tax
liens - Proposed assessments or zoning changes - Mechanics» or materialmens»
liens