I am trying to buy a property that has title
problem. The property is owned by 5 brothers and sisters and only one is survived now. We have gone back and forth for a year now try to solve the issues. In the last iteration, my lawyer told the seller's attorney a list of things that title company asked for three month ago, the seller got the answer back recently, and then the tile insurance
company reviewed the issue again, got additional request, Could you help me assess how serious this is? What is my best option moving forward?
Andrew, Bessie, Mary, Hercule are seller's brother and sisters who passed away:
1. Commonwealth of MA’s objection filed in Andrew’s Estate. We need something from the Commonwealth that this has been taken care of.
2. Bessie’s Will: There is a 316k Medicaid lien which will need to be released, as well.
3. For Mary’s Estate, since the bond was just allowed this year, the Deed should only be coming from the Executor of her Estate per the power of sale. The devisees under her Will should not be joining in the Deed
4. Hercules license to sell. The liens should not be listed right on the License to Sell and would indicate that the liens would necessarily attach to the proceeds, especially a $2 mil Commonwealth of MA MA Health lien. It makes it seem like because they are set forth on the License that the License is subject to those liens. Arthur does not take any interest in the property. Marjorie takes everything under Arthur’s Will. Bessie takes her interest subject to the Executor’s power of sale. The Executor must sell per the power of sale since this is being sold within 1 year of Bessie’s death. Ellen cannot be on the deed.
5. Need 65C for both Hercules and Bessie