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Don't Buy A Cat In A Sack

Posted by SeanW on January 14, 2004 at 8:41 PM

In Reply to: Title Searches posted by Thomas D. Buzelli on January 14, 2004 at 7:24 PM

:: There most likely wouldn't be anything recorded prior to the foreclosing lien because that loan (the foreclosing lien) would never have been able to get title insurance.

Not exactly. Title insurance is purchased to protect the lender against ambiguous title questions. Just b/c is was bought does not mean the title was clean when that loan was made.

:: Then I read the "Forum" area of this web site. They recommend going to the county recorder's office prior to sale and conducting your own search.

You can do a more thorough search on your own, than the title company will. It's your money. You SHOULD care more!

:: I'm confused. Who's right? If you do have to go to the recorder's office, are they really that anxious to help you through this process?

If you ask specific questions, if you just come back every few days and ask a few more... nicely... the courthouse staff will help you.

:: Also, aren't you wasting a lot of time there since only about one in twelve properties actually go to sale?

When something is frustrating and time wasting, it's a barrier to your competition. Rejoice in that! :-)

:: Any help would be appreciated as this is very confusing. Different people say different things.

I'm going to the courthouse tomorrow to bid on something that could not possibly have been researched online. I had to dig through the books back into the 1960's, actually looking at the manuscripts of the Register of Deeds in those days. I'm hoping to be the only attendee at that auction. Maybe nobody else went to the effort!

The courthouse record is the final authority on who has title, and who has priority as a creditor. Don't plunk down your hard earned greenbacks, (or expose yourself to the liability of borrowing them from someone else) without digging through the chain of title!


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