Send As SMS

Thursday, August 28, 2008

PrePrinted Forms

Question: I purchased an acre of land, and there is a clear deed. Is there a form at an office supply that you can suggest I use to take to the records building, without having to go through a title company?

Answer: The subject of office supply real estate forms still comes up from time to time. Early in my career title companies, attorneys and others used preprinted real estate forms almost exclusively. Such forms were published by the Steck Company, Odee Publishing and others. State Bar promulgated real estate forms were initially preprinted. About 20 years ago, with the advent of sophisticated computers and word processors, preprinted legal forms all but disappeared from the scene.

To answer your question, for the above reasons I have no preprinted forms to suggest. I would also point out that preparation of real estate documents is a learned craft far more involved than just completing preprinted forms. My best recommendation is for you to acquire the requisite skills to correctly prepare these documents, or find someone who is adequately able to assist you.

Friday, August 15, 2008

Forclosure Property With A Lien

Question: I recently purchased a sheriff's deed property at a county auction. I believe there may be a lien on the property, and I have done some searching at the court house and found some documents pertaining to a lien on the property. Is there any way I could get a title or title insurance on this property, and if not what are my options regarding extinguishing the lien or disposing of it?

Answer: I assume the county auction to which you refer was a tax foreclosure sale. Generally speaking, foreclosure of an ad valorem tax lien extinguishes all other liens created under state law, even if they are prior. Since you own the property from time of sale upon recording your deed, there is no title insurance available to retroactively cover any liens. For this situation I recommend that you obtain a complete title search on the property, locate and determine potential liens and consult someone knowledgeable about this problem. For example, you may not even have a lien, or if you do you can pay it off, wait for it to be barred by limitations or take other steps to release, minimize or remove it.