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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Check it out now, before opening any escrow. Posted by Michael on August 04, 2003 at 12:15 AM In Reply to: Check it out now, before opening any escrow. posted by Ward-CA- on August 01, 2003 at 6:33 AM Gonzalo, I think it may boil down to whether lender recorded that deed of trust prior to your RECORDING date. Also, I am(from personal experience, unfortunately) highly suspicious that you will have a hard time to find a title company that will agree to issue a title policy that waves off that lien. If you find a title company that does it, please let me know! : : Ward, I bought a proprerty subject to, and the hall of records indicated that there were only two deeds of trust against it when I bought it. After a week that I bought the property and recorded the grant deed, the lender of the second deed of trust gave me a call, and informed me that there was a third deed of trust, but that they made a mistake and never recorded it in the hall of records. The Seller never mentioned about this third deed of trust to me. I know that I am not liable to pay for the third deed of trust, since she didn't mentioned it to me before I bought it, and since it was not recorded in the hall at the time that I recorded my deed, however the lender has gone ahead and recorded that 3rd deed of trust and I am worried that when I sell the property, the title company will not be willing to insure the title to my buyer, since they dont know wether I knew about it, or not when I bought it. What do you think, is it going to be hard to insure it? : =?=?=?=?=?=?=?=?=?=?= : Gonzalo, : Like you, I think you?re OK. And a title company would probably agree too. BUT the difference with a title company is they don?t want a possible legal contest hanging over their head. : So check with that title officer (that I?ve suggested countless times) you know on a first name basis and ask him. Otherwise you might have to bring a Quiet Title Action against the beneficiary of that 3rd to get it removed from the title of your property. : Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Gonzalo, : I think it may boil down to whether lender recorded that deed of trust prior to your RECORDING date. : Also, I am(from personal experience, unfortunately) highly suspicious that you will have a hard time : to find a title company that will agree to issue a title policy that waves off that lien. If you find a title company that does it, please let me know! : : : : Ward, I bought a proprerty subject to, and the hall of records indicated that there were only two deeds of trust against it when I bought it. After a week that I bought the property and recorded the grant deed, the lender of the second deed of trust gave me a call, and informed me that there was a third deed of trust, but that they made a mistake and never recorded it in the hall of records. The Seller never mentioned about this third deed of trust to me. I know that I am not liable to pay for the third deed of trust, since she didn't mentioned it to me before I bought it, and since it was not recorded in the hall at the time that I recorded my deed, however the lender has gone ahead and recorded that 3rd deed of trust and I am worried that when I sell the property, the title company will not be willing to insure the title to my buyer, since they dont know wether I knew about it, or not when I bought it. What do you think, is it going to be hard to insure it? : : =?=?=?=?=?=?=?=?=?=?= : : Gonzalo, : : Like you, I think you?re OK. And a title company would probably agree too. BUT the difference with a title company is they don?t want a possible legal contest hanging over their head. : : So check with that title officer (that I?ve suggested countless times) you know on a first name basis and ask him. Otherwise you might have to bring a Quiet Title Action against the beneficiary of that 3rd to get it removed from the title of your property. : : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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