Remember your mother . . . perhaps she was ranting and raving. "Keep your elbows off the table." "It's only funny until someone loses an eye."

Well . . . I've turned into her. I am her. "How many times do I have to tell you to order the preliminary title report when you take the listing?"

And then, by the way, you need to read the report, too! (Small detail, I know.)

Here's the deal: If you are working the pre-foreclosure market or if you are working with properties in distress or property owners who have faced some tough times, there may be unanticipated liens against the property. You need to know about these liens when you take the listing.

If the listing is a short sale, who is going to pay the liens? Are they institutional (bank liens or mortgages)? Are they HOA liens? county tax liens? abstracts of judgment?

Certain items--no matter how hard you try--will not be paid for by the bank in a short sale. So, you need to make the seller aware that if s/he wants to close the deal, these items will need to be cleared.

By the way, even if you are not working short sales, it is always a good idea to order and study the preliminary title report as early as possible. Then you will have ample time to deal with any problems that may come your way.

Now . . . it's probably also a good idea to "eat your vegetables"!

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8 Comments on "How Many Times Do I Have to Tell You . . . ?"

JUL
10

Absolutely!  Knowledge is power - and that knowledge just may get the short sale closed.

Oh yes, I'll have a celery stick please - with ranch dressing!

4:36pm • #1
258,669 Points 44 Featured Posts Outside Blog

Bingo!   Sheesh...you would think this would simply be standard operating procedure!

4:50pm • #2
127,371 Points 1 Featured Post

Melissa - I agree that the prelim title should be read, but we should also be able to communicate with title to have them explain what everything means.  I'm not sure I would know the difference between a judgement or lien, and would hope someone would be able to explain that to me.

6:39pm • #3
170,064 Points 10 Featured Posts Localism Sponsor

Hi Melissa, I come from title land in my previous life!  I can understand why it would be so important to order the prelim at the time of the listing on a short sale, and then update it as time goes on. It does really help to read it, I definitely agree!  My mom's best line was "If your friend jumped off a cliff would you go too?!!"

7:46pm • #4
JUL
13
Outside Blog

Just like Mary, I came from the title biz.  Good advice - this should be RE101 for all realtors.

11:37pm • #5
JUL
15

MELISSA,

It is a good idea to associate yourself with a title company that make those checks for you. They have the expertise to let you know what can be done to fix certain things and what is really going to be a problem.

It is also a good idea to have that same title company do the closing and hold the escrow. The more you keep in house the more you can control.

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12:38pm • #6
1 Featured Post

I agree wholeheartedly with this post and get a little annoyed when I've got a buyer ready to make an offer and a listing agent who hasn't done this - meaning we don't have a good legal description of the property to use in the offer. I don't know about all other states, but in WA State, if you don't have a legal description with your offer/contract, it's not valid and is unenforceable.

2:22pm • #7
JUL
18
163,570 Points 1 Featured Post Outside Blog

Great article, and even better headline.  I've learned the lesson about getting title work before I take the short-sale listing; but I did have to learn the hard way as I took a listing that had 2 judicial liens on it; which were next to impossible to get removed.

6:04pm • #8

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Melissa Zavala Realtor® North San Diego County Homes

Escondido, CA

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