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Recent Encumbrance questions

If a judgment creditor has filed with the county where the

If a judgment creditor has filed with the county where the debtor has real estate, the judgement becomes a lien on the debtor's real estate. Does the lien show up on a title report as a specific priority or does an abstract simply indicate a judgment against the creditor that has to be researched to establish the priority of the judgment as it relates to other liens and mortgages?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
I had a property quit claim deeded to me and they sold the

I had a property quit claim deeded to me and they sold the house on the day I sent the money and the request to delay the sale am I able to get my money backJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: floridaJA: Has anything been filed or reported?Customer: I called the bank on yesterday with the borrower and we explained what we would send the money but the wire dept was closed when we got there so I did it firstb thing this morning before the sle faxed the reciept of the wire and everythingJA: Anything else you want the lawyer to know before I connect you?Customer: yes the bank never told me they were the 2nd lien holder but when I called to confirm they said oh we the 2nd lien holder you should have contacted the 1 st lien holder

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
My son (David) bought a home in Bertram, TX for $125,000

My son (David) bought a home in Bertram, TX for $125,000 with a $23,000 down payment and $102,000 financed by the seller on July 15, 2015. David has title subject to the seller's mortgage/loan although I gave him the $23,000 for the down payment which he made in his name. Now the seller needs cash so he wants me (David's father) to buy the mortgage at a discount ($99,536 for $75,000). A title search was done when David purchased the house. Since this is a very good deal, I want to buy the mortgage/note even though I know my son will be less diligent in paying me. My questions:1) Do I need to do another title search? I assume that I do not; hence, no title company involvement only a real estate attorney. 1a) Is there a need to check if the mortgage/loan have been encumbered in some way by the seller/mortgagor?2) Do I just have the original mortgage/note assigned to me and notify my son of the change? I assume this means my son continues to make payments based on the amortization of $102,000.3) Can I buy the mortgage/note using a DBA; for example, My Name dba/XYZ Mortgage Service Co. Then, when I notify my son of the change, I'll do it under the letterhead of XYZ Mortgage Service Co and have the payments mailed to a PO Box.4) Can I require my son to escrow property taxes and home insurance even though the original seller/mortgagor did not require it?5) Can you handle the legal work involved in assigning the documents to me? Can I do this myself with your help? How much would you charge?

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LawTalk

Attorney at Law

Juris Doctor

37,806 satisfied customers
This question is for Just Answer expert Barrister: I am

This question is for Just Answer expert Barrister:I am going to transfer ownership of my primary residence to my daughter with a quit claim deed. What documentation will I need to take to the courthouse to accomplish that? The property has no encumbrances with the exception of a small lien for a property bond. The property is in my name and the name of my deceased wife jointly. I have certified copies of the deed to the property and my wife's death certificate. Will I need to take anything else?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
In January we purchased a condominium at a foreclosure sale

In January we purchased a condominium at a foreclosure sale in California, and subsequently recorded the Trustees Deed upon Sale in our names. In doing our due diligence prior to the sale, we had found that the prior owner had substantial delinquent HOA dues, and that the Association had filed a lien back in July. The first mortgage was foreclosed when we were high bidders, and we subsequently recorded the Trustees Deed upon Sale. My understanding is that since California is not a "super lien" state, The HOA lien as well as the small second mortgage were cleared from title, and the only recourse for the HOA to recover the debt would be to go after the prior owner.JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: CaliforniaJA: Has any paperwork been filed?Customer: what kind of paperwork?JA: Anything else you want the lawyer to know before I connect you?Customer: we think the HOA is under the impression that we are responsible for almost five years of past dues.Our understanding is that we owe from the day we took title only

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
In a forced sale by partition action how does a red tagged

In a forced sale by partition action how does a red tagged house and an un-permitted house affect the sale process? Would the "red tag" issues need to be resolved prior to sale or at least the encumbrance borne by the seller, or would that transfer to the buyer. Also if another house was built on the property, is habitable, yet un-permitted, would that house need to be permitted prior to sale or again the issue borne by seller or buyer. And finally, what are the impact of liens placed on the property by creditors, adverse parties lawyers, or others have on the sale or final accounting?

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Ray

Lawyer

Doctoral Degree

43,904 satisfied customers
If I am holding the note and deed of trust on a property and

If I am holding the note and deed of trust on a property and the borrower changes the zoning from commercial to residential in AZ Can I file for foreclosure or call the note due?JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: AZ. We send a demand letter and he is currently 120 days late on paymentsJA: Has any paperwork been filed?Customer: With the court NoJA: Anything else you want the lawyer to know before I connect you?Customer: He also transferred title and then put it back in his name when he knew we found out. There is a due on sale clause.

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Attyadvisor

Doctoral Degree

8,676 satisfied customers
How to stop a trustee's sale? My friend is's house is going

How to stop a trustee's sale? My friend is's house is going to be on auction , She is trying to bring to current, is it possible to stop the sale ? Much appreciate! Thank you!JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: California , Riverside CountyJA: Has any paperwork been filed?Customer: Yes, I think so, they have a Auction Date of Jan 30, 2017JA: Anything else you want the lawyer to know before I connect you?Customer: I would like to know if this is possible to stop the auction, right now she find the buyer and she is preparing for payment to bring current

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legalgems

Juris Doctorate

18,950 satisfied customers
I own a commercial property in Texas and have a 2 year lease

I own a commercial property in Texas and have a 2 year lease with a tenant. The lease has a subordination clause "This lease is and shall be subordinated to all existing and future liens and encumbrances against the property". I want to sell the property and the new owner does not want the tenants. Can the new owner evict the tenants? How much notice should be given?JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: texasJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Ely

Counselor at Law

Juris Doctor

69,504 satisfied customers
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