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Speaking Of CS...

thinkthrice's picture

I put in a purchase offer on a burnt out duplex that Chef wants to rehab and get operational. 

The current owner bought it a year ago at a county tax auction.   She just wants to turn it over to us as she discovered property management is not for her.  As a side note, her daughter is one of my tenants.

We are paying closing costs etc.   My attorney did a title search and come to find out, there is a $7K judgement levied against the property, the former owner (before it was sold at tax auction) that the county failed to reveal.

Looking at that guy who owed the CS, he is a happy as a clam, boating and fishing into the sunset on social media.  His profile photo shows two children I assume are his and what said CS judgement on this property are for.

1.  Looks like the county attorney dropped the ball by not doing a title search/abstract BEFORE sending out to tax auction.

2. No way are we paying off SOME OTHER GUY'S CS!  We've paid almost a half a mil to the Girhippo over the past 19 yrs.

3.  Someone needs to get a hold of the BM, show her the burnt out property (at the present the land is probably only worth $5K at best) and settle with her for like $500 and agreement to call it a day.

 

Comments

SeeYouNever's picture

A similar thing happened when I bought my rental. I told them that if that were the case I am not going to pay off somebody else's debt in order to buy this house and it is absolutely a good enough reason to back out of a purchase agreement.

Somehow after saying that it was not my problem the issue disappeared. Is this some sort of scam that title lawyers try all the time? Or is it something that happens so rarely that they don't know how to actually handle it?

It might not even be an active lien in the system anymore, lots of municipalities have transitioned from paper to digital and so many things like this have gotten lost in the shuffle.

thinkthrice's picture

Their village several years ago.  The guy who the judgement was against (former owner) had owned it for at least 2018 through mid 2021.  I have heard back from my attorney yet.   Its an uphill battle because we have had bad experiences with attorneys both for RE and family court. 

Chef does NOT like our current RE attorney. 

ESMOD's picture

Unless otherwise stated.. I think that it is the buyer who is responsible for researching any liens or issues (with the exception of the tax liability).. so this is actually something that may need to be dealt with.. I guess a first step is see if the guy ever paid his EX (and the release was never recorded).. that might be simplest.

Otherwise.. you may be able to have her release by being "nice" and she can try to attach some other property the guy may own now.

ultimately.. if those don't work.. it will be a cost of this property I think. (but of course local laws and discloser requirements may vary.. )

thinkthrice's picture

that he hasn't paid a cent.   Not to judge but he looks like, as Chef says "a dirt merchant."  

ndc's picture

Did the current owner not get title insurance?  Does a tax sale there not wipe out private liens?  Probably the BM doesn't expect much from this deadbeat anyway. Good luck untangling this mess.

thinkthrice's picture

Current owner is a nice lady but rather Pollyanna.   You would think it would wipe out liens but as we all know,  CS has special powers!

ESMOD's picture

Ahhh.. I understand.. the lady who owns it now has a lien to contend with.

while I hate to be so callous.. this was something she should have researched before she bought it.  Unless she can get the lien released..and maybe the agency will do it since he is no longer associated withthe property and the ship has sailed on that?

but if not. SHE is responsible for paying these.. and should sell the property unencumbered.. or allow for an adjustment of the sale price for you taking it on.

thinkthrice's picture

She didn't get title insurance.  When the house burned she collected the insurance money and spent it.  She was told it would be $25K to tear it down so she wants to get rid of it.

She was totally unaware that there was a CS judgement on it when she bought it.  The county attorney has not returned my call yet.  It would seem that the county should not be selling a property for back taxes when they totally ignore any liens or judgments on it.

Of course my attorney is unable to contact the debtor.   He is now going to try to contact the BM who has the judgment against the property.