Title lein - Posted by Lynne

Posted by John Merchant on August 18, 2002 at 09:05:27:

Seller can be legally forced to either honor his agreement or pay you damages. A letter from your attorney right now might have some immediate effect in either forcing the seller to clear those liens and deliver on his written contract, or else offer you something to settle with you and make you go away.

Something I’ve done and seen done, with effectiveness, is to file a Notice of Equitable Interest, in Deed Recordss, where property is situated,just notifying the world that you now have a legal interest in the property. Don’t have to be any more specific than that.

Now, in some states, (CA for one) such a filing is not permitted, and their statutes have only short list of what can be recorded. A party wishing to cloud the title in CA has to be a little more creative in order to get some kind of notice filed in the deed records.

I recently did this, by filing a Quit Claim Deed from me to another entity I control, just giving and conveying my personal legal interest to my entity.

Oddly, the Recorder, for some reason unknown to me, had one of the clerks do a little research and learned that I was not previously on record. Clerk phoned me and wanted to know about what I was doing and why! I basically told them nothing as I had no obligation to explain my legal strategy to anybody.

Title lein - Posted by Lynne

Posted by Lynne on August 17, 2002 at 22:28:35:

I am under contract to buy a house and less than 24 hrs before closing,the closing lawyer calls and says there is a lein on the title. I continued to question and he said the seller knew the lein was on the house when he put it up for sale. The realator says she knew nothing about it until I did. It has been two weeks and I have heard nothing. I have an appointment to see a lawyer next week. My question is, was the seller required to disclose that there was a lein on the title if he was aware of it. I may not have went under contract had I know there was a lein. I had to move out of where I was living because I planned everything around the closing date they gave me. I had no idea there were any problems to keep me from closing on time. Now I am living with my dad and driving my children 60 miles total to school and what is reasonable time to cure a deed of defects? Thanks