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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4831
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Hello, I purchased a home at an upset tax sale in Pennsylvania

Resolved Question:

Hello,

I purchased a home at an upset tax sale in Pennsylvania in 2012. I contacted the mortgage company to see if there was a mortgage owed on the property in February. I recieved a letter stating that they could confirm mortgage on property address provided. I went to the county recorder of deeds office to have lien removed. I was informed that I have to contact the bank to have them send a satisfaction peice to them. I contacted the bank again and they said there is an outstanding balance and I have to send them a lien release request. I sent the request and called to confirm if they recieved it. They acknowledge they reiceved the request and I will recieve a letter from them stating that the lien will be release and they were going to send a satisfaction peice to the recorder of deeds office. I never recieved the letter so I contacted them to ask when I should recieve my letter. I spoke to several different people in the lien release department who told me that I will not be responsible to pay the debt in the previous owner will have to pay, I offered to pay and was told I do not have to pay the outstanding debt. Now I'm being told in order to have the lien removed I have to pay the debt thats owed. I want to know since it was the bank error and they failed to give me the correct information:
Am I responsible to pay debt that's owed.
What are some legal avenues I can take to have lien removed.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 10 months ago.

Hello and thanks for submitting this question. You are in a legal never, never land regarding the mortgage lien. Apparently the person who you dealt with did not have sufficient authority to record a satisfaction of mortgage. While your tax sale title might eliminate the right of lender to foreclose a mortgage, it doesn't require the lender to actually remove it. Catch 22 is: the lien can't be enforced by foreclosure (against a tax sale defense ) after it has been eliminated by a tax sale, but it is still of record. Title insurers will usually require a quiet title suit to remove liens after a tax sale.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using this service. Your business is appreciated.

 

Customer: replied 10 months ago.

I'm not sure if a satisfaction piece was recorded. I never recieved a letter I was given that information over the phone. I recieved an email from the bank that said the tax sale takes precedence over the mortgage and have the county contact them about a lien release.

Expert:  Irwin Law replied 10 months ago.

The County Recorder can tell you if a satisfaction was recorded or not. If it has, no problem. If not, then the bank can stand pat and force you to file to quiet title. The bank still has the right to challenge the tax sale on technical grounds and many times they do and win. That's why you can't get title insurance until that step is taken if they don't release voluntarily. I don't know how much money is involved, or how much they said they would take to settle. That is an option that you have to weigh. You might check with a local real estate attorney and find out what they charge for an uncontested QT suit. You can pick whichever way is cheapest and quickest.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using this service. Your business is appreciated.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4831
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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