3/7/2012 12:09:10 PM
Reply
or ReplyNewSubject
Section 5: OPA Board Subject: OPA Loses IRS Case Msg# 823972
|
||||||
No law requires that liens be removed before title to property is sold or transferred. But if the buyer needs financing or wants clear title, the lien will have to be cleared up. In the real world, this means that judgment liens tend to get paid off sooner or later.
But if property is transferred without the lien being paid off, it simply remains on the property and the new owner of the property has to deal with it. This means that in transfers between relatives, the new owner may take title to the property, liens and all. Judy: A lien can remain on a property but only until it is sold. I don't think that's what this discussion is about. I worked for a title real estate attorney for 18 years and did, in the hay day as many as 325 loans a month. I did partial title exams and full title searches. I worked with Chicago Title Insurance Company who was the wrote the title insurance for our title searches. We never and I mean NEVER transferred a lien in 18 years to a new property. It's not possible to do that. It had to be paid to the creditor on the Settlement Statement out of the proceeds of the Seller's monies. It's not possible to do that. No mortgage company that we ever worked with transferred a property without first paying off all liens on a particular property, including refinances. What buyer, to be honest, would agree to keeping a lien on their newly purchased property? What mortgage company would give a buyer a loan and let them keep a lien on the property. And, I don't know a title company in the State of Maryland that would prepare a title search, prepare a mortgage and deed transfer that would ever retain a lien on an existing property. Respectfully, Linda |
||||||
|
||||||
For reference, the above message is a reply to a message where: I looked it up on a legal encyclopedia site, and this was what I found: No law requires that liens be removed before title to property is sold or transferred. But if the buyer needs financing or wants clear title, the lien will have to be cleared up. In the real world, this means that judgment liens tend to get paid off sooner or later. But if property is transferred without the lien being paid off, it simply remains on the property and the new owner of the property has to deal with it. This means that in transfers between relatives, the new owner may take title to the property, liens and all. |
Calendar |
OPA Board Meeting - Golf Clubhouse
12/21/2024 - 9:00 A.M. 3 days or less away! |
OPA Board Meeting - Golf Clubhouse
1/25/2025 - 9: A.M. |
OPA Board Meeting - Golf Clubhouse
2/22/2025 - 9:00 A.M. |
OPA Board Meeting - Golf Clubhouse
3/29/2025 - 9:00 A.M. |
OPA Board Meeting - Golf Clubhouse
4/26/2025 - 9:00 A.M. |