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Strange Mechanics Lien Recorded After Foreclosure and New Recorded Trustee's Deed

November 18, 2015 01:50PM
Some weirdo has taken it upon themselves to record a mechanics lien on a property we acquired at the foreclosure auction, a month after we recorded the new trustee's deed upon sale. We were in escrow when we found out about this. We are set to close now and 3 title co's are budging from insuring the prop. I sell as-is and this was supposed to be all-cash, but they have now acquired a loan and the lender and even the escrow claim they do not move forward ever without a title insurance.

It doesn't seem like anyone has done any work in the past few months on the property. Had they recorded before the trustee sale, they would have been wiped out, but recording after the property has been sold to someone else seems just crazy. The contractor has a website and an 800 number that dont get you to anywhere. What is the quickest way to close this escrow? An Indemnity company? An ex-parte hearing? Any attorney you may recommend for the job? Shouldn't as-is cover such issues? Next time I will add as-is, without any warrantees, guarantees or insurance.

It is interesting to read about the various deadlines that exist for a contractor to file anything.
[saclaw.org]
Subject Author Views Posted

Strange Mechanics Lien Recorded After Foreclosure and New Recorded Trustee's Deed

cyrus 3957 November 18, 2015 01:50PM

You'll prevail, but it' going to take some time..

Ward-CA 2910 November 19, 2015 04:37PM



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