Posted by River City on November 08, 2005 at 06:01:19:
If the lien is not valid, the current owner of the property needs to dispute the lien and have it removed. If you close on this property, you want clear title and you do not want your title policy to be subject to any liens. Do not accept anything less. Invalid liens do appear on properties. Sometimes title companies will take an affidavit from the seller indicating that the lien is invalid. However, make sure the title policy is clear of this lien BEFORE you close.
I am looking at property to purchase in Virgina. The title has a lien on it from 1992. The owner of the house has bankruptcy papers from 1992. On top of that he says he was renting during that time and did not own any property. His attorney has said that since he did not own any property during that time the lien is not bearing. The lien however, still shows up on the title even though it isn’t on the owners credit report. The owner has also stated that he has refinanced his home three times. If there is a lien on his property, how did he purchase it in the first place. Also, How do we get this lien removed from the property so I can scoop up this once in a lifetime property.