Doug,I am putting my house up for sale. Before I did so I thought it would be a good idea to check with the County Recorder to see what leans were on the property.There was a foreclosure and Sheriffs sale prior to my financing the home.They told me there were still a lien on the property for the mortgage prior to foreclosure.Firstly I can't believe my bank would have financed it with those liens still attached. (Perhaps the Title search was fault?)Also my understanding is that any pending leans are removed after a sheriffs sale.Any thoughts about how I can get this remedied?Thanks,MichaelBTW I had some of our previous discussions locked because I realized I had included personal information. Fortunately I found this on a Google search. Lesson learned!
State/Country relating to question: Iowa
Checked with the County Recorder's office and with the person who handle's sheriff sales at the county sheriffs office
Good afternoon,Who did you by the property from?Doug
I bought it from Freddie Mac. The first mortgage was insured with PMI so when it was forelosed and put on the market it was still owned by Freddie Mac and had not yet gone to a realtor.
Good afternoon,The lien was wiped out by the foreclosure sale---it simply was not removed by the lender after they were paid. You will need to get the previous lender to remove the lien---it appears only on paper. Also speak with your title insurance company. They insured your title and if there is a lien on it from before closing, they should have dealt with it then.See if you can drop this mess in the lap of the title insurance company. Make a claim that there is a cloud on the titled. Hopefully that will make a few calls and handle it for you.I hope you found my answer informative.I wish you the best in 2012.Doug
I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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