Special offer

A Lien Search Before a Listing?

By
Real Estate Agent with Keller Williams Realty at the Beach

I was recently in a seminar where the ugly topic of short sales was part of the discussion. The usual horror stories and screaming in the night, you know what I mean. In any event, someone made the suggestion that before you take a listing for a short sale, do a lien search (no, not a title search) on the property in order to determine who has a piece of the pie. For example, a person may be short selling their home and completely forgot about a local bond loan they took out that does not have to be paid until selling. How many people would remember that after 10 or 15 years? They haven't been paying on it so they figure it was a freebe. Most folks would believe it was something the state government gave them (how generous right?) as a gift to buy their home. It's also good to know how many subordinate loans will have to be waded through to get those 3rd party approvals. Doing a lien search might not even be a bad idea for someone selling their home even when it is not a short sale. How about this scenario. Mr. Seller says I want to sell my house for $200,000. Ok Mr. Seller, let's put it on the market for you. Three days goes by and you get an offer. (I know, 3 days, yeah right! Hey it's a story, lighten up.) Anyways, you get this offer for $195,000 and Mr Seller says, I'll take it. Great, we have a deal! ooops, not so fast. After subtracting commissions, transfer taxes, etc, Mr. Seller is short in satisfying his loan that he took out 15 years ago. Why? because he forgot he took out a HELOC. Mr. Seller thinks, Hey it's a line of credit.  Hello, it's a loan Mr. Seller and guess what, there's a second lien on your house as a result. Well, I think you get the gist of this. What do you think, good idea, not a good idea?     

Melissa Anderson
Be My Neighbor Mortgage - San Antonio, TX
Your Texas Lender

I highly recommend confirming any/all liens against the property before taking a listing.  Honestly I thought most Realtors already did this.  Guess we all learn something new every day.  I also recommend for folks renting homes that they check for liens and verify the owner is current on the mortgage. 

Sep 12, 2009 11:23 AM
Anonymous
Diane Lombardino

My broker's policy (and also that of my previous broker), all landlords must sign an affidavit attesting that they their house payments are current.  Can't have a tenant paying rent and landlord late on payments.  How can you take a listing without verifying leins against the property?  Don't you have to be able to sell the listing? 

Sep 12, 2009 11:39 AM
#2
Debbi Cadwallader
RE/MAX Horizons, Inc. - Dover, DE

I always research liens on properties before a listing and before writing an offer on another property.  Recently I found a listing with a Federal Tax Lien.  So glad we have access to our county website.

Oct 19, 2009 03:20 PM