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Re: Need help with this one - lien priority?

Posted by Angela Larson on June 14, 2003 at 9:34 AM

In Reply to: Re: Need help with this one - lien priority? posted by Joe Kaiser on June 14, 2003 at 8:07 AM

I know title companies make mistakes... That's why I thought it wouldn't be a good idea to try to sell it and get title insurance issued on it, because I'm sure there if I knew about it it would come back at me. However, it's a "race to the courthouse" in terms of filing liens, and I can't see anything stopping me from getting a lien from the Seller on the money I give him. Their lien will still be out there, but mine would take priority after the $15k mortgage. Is there anything you can see wrong with that?

At the very least, it would give me the chance to redeem the 1st should the sale happen and buy the property for $15k. Again, I know it might not seem "right", but I don't see anything legally wrong with doing that. They've had more than enough time to get their mortgage filed (years) and I would think they would have noticed when they started foreclosure proceedings back in October (doesn't the attorney do a title search to see what else is out there?)

Maybe the first was satisfied or something - I don't know! I can't even find the name of the lender to call and find out what the status is because they've filed NOTHING about their loan or the default.

I'd really appreciate any additional input.



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