One of the greatest services we provide at Big State Home Buyers is the ability to fix title problems for our clients. Because a lot of the properties have title issues, a traditional real estate transaction won’t work because many agents don’t know how to handle complicated issues.
We want to tell you about 5 broad categories that come up all the time that we know how to process and deal with.
1. Unrecorded Documents and Lien Releases
A good example is when you go to payoff your mortgage after 20-30 years of paying on time, a bank may not actually file you release of lien with the county. You would be surprised how common it is for these things to be processed but never files, and they have to be filed in the correct county. We have had to do something as simple as helping a seller look at a bank box for a lien release, all the way to finding a vice president at Wells Fargo to get a lien release from their secretary.
2. Estate Related Issues
One of the biggest reasons people come to Big State to sell their house fast is because of unresolved tsetse related issues. Whether someone died without a will, or there is a will that hasn’t been probated, or there is will with probated process and the sellers need to secure a sale to finalize the estate. We work with courts, lawyers, title companies, and everyone related to the transaction that needs to participate in order to close the estate.
3. Liens and Judgments
A lien against your property may include just the mortgage, but it may also include things like credit card liens, tax liens, bankruptcies, child support judgements, and anything that can be filed in public record against you or your property. We work with the attorney general’s office to negotiate child support liens, and we have a contact at the IRS that can work with you – we know what it takes to get that process done. A lot of people don’t know you can get an appraisal and payment plan in place with the IRS, and still sell the house even if it’s not fully settled.
You can work with your ex-spouse, or with the attorney general to get a payment plan in place for child support. Whatever the situation, there is usually a solution to get around or through it.
4. Missing Heirs
This is another common issue which goes back to estate related issues. If you have multiple siblings,, a will that is not probated or no will and we have to track people down, people you aren’t speaking to, long lost uncles, nieces and nephews; these people can come up on title and it’s not something that you may even expect. Yo
We have private investigators that we or you can use to track people down, or other tools that help track down people that need to participate in the transaction. Even if no one else is getting the proceeds from the sale, these people still need to be addressed.
5. Previous Title Errors
The purpose of a title policy is to give insurance that there are no other claims to ownership to the property. If I purchase and I get a title insurance policy, I get a guarantee from the title company that if anyone comes forward with a claim to the house in the future that I didn’t know about when I purchased it, the title company will do whatever it takes to make sure I am still 100% owner of the house, even if they have to buy the house – but title companies are fallible.
Some common mistakes include inaccurate legal descriptions, missing heirs, surveys that aren’t done correctly, releases filed incorrectly – these things can come up a lot. Title companies process a lot of files and not all title processors are experts and know what to do and the correct timing.
Make sure to hold on to the insurance policy and know who the underwriter was so you will always have all the information you need.
Many times, we can pay legal fees up front for clients who need help with any of these issues. We also have many other resources on our website to help you be prepared to take care of some of these issues yourself.