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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40093
Experience:  Texas Attorney for 30 years dealing in real estate
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I am possibly purchasing a short sale in SC. After the lis

Customer Question

I am possibly purchasing a short sale in SC. After the lis pendens was filed a new judgement of $7000 showed up from Discover bank against the seller. Will this need to be paid in order to convey clear title?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Yes the seller here has to pay and clear the lis pendens here and have it released prior to closing.The seller needs to do this in order to convey good title to you and remove the cloud.You would want to insist on that so that you are buying a clear titled property here in SC.

The seller will have to come up with the money besides resolving the other liens/loans involved.No way around resolving this here by the seller.

I appreciate the chance to help you tonight.I wish you good luck here with the short sale.Thanks again.

Customer: replied 1 year ago.
I am asking if the judgement of $7k which was filed after the lis pendens was filed will need to be paid? I plan to pay the lender for the mortgage payoff of 99k to clear the lis pendens, however, this new judgement popped up after the lis pendens was filed in the amount of $7k. Does this need to be paid or does this get avoided since there is no additional funds after the mortgage payoff to pay additional judgements?
Expert:  Ray replied 1 year ago.

Yes either be the seller or you here.It is a lien. If you are financing it the lender would require it to be paid and released here.You can try to negotiate with lender to see if they will discount it, sometimes they will do so.Thanks for the follow up.

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