Dormant Liens and Title Search - Posted by Keith

Posted by Keith on October 13, 2008 at 05:19:55:

Thanks for the info. Jack,

I would be interested in the “long legal explanation” if you have the time. Makes for good toilet reading :slight_smile:

Keith

Dormant Liens and Title Search - Posted by Keith

Posted by Keith on October 01, 2008 at 18:59:28:

Preparing to close on a property soon. In doing a little DD on the property I found that the owner had several judgments against him back in 2003. To my disbelief the title search came back as clean. When I called the title company to ask them about these liens they told me that in Ohio liens become dormant after five years of no execution.
I looked into this myself and found it to be true BUT i also found they can be revived for up to 21 years.

So I am curious if I am actually in the clear. Any one had experience with “dormant” liens ?

Thanks
Keith

Re: Dormant Liens and Title Search - Posted by Jack

Posted by Jack on October 12, 2008 at 15:10:07:

I could go into a long legal explanation as to why this isn’t a problem. But, unless these judgments are listed as an exception in your Title policy (and clearly they are not), this isn’t a legal problem and the legal explanation doesn’t matter. Don’t worry about it, let the title company do their job and provide you with insurance, if the judgments become a problem in the future it will be the Title company’s problem, that is why people pay for Title insurance.

Re: Dormant Liens and Title Search - Posted by River City

Posted by River City on October 03, 2008 at 06:07:55:

I have had no experience with “dormant” liens. However, ask the title company if they will insure those “dormant” liens. If not, then you don’t want any part of it, as those people might possibly be allowed to file a claim against the property. Also ask the title company what happens if they do file claims against the property. If you could lose your investment, I would run, not walk, away from the deal.