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“Bank Owned Doesn’t Mean No Title Issues”

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Mortgage and Lending with Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 NMLS # 6869
“Bank Owned Doesn’t Mean No Title Issues”
 
I currently have three purchase transactions that cannot close because there are title issues. Even though the property may have been foreclosed, many of the so called foreclosure mills don’t always do a thorough job and just miss stuff that end up causing delays.
 
mortgage on titlePersonally I have a property on deposit and there is a title issue. This one is not bank owned but an estate. There was once a mortgage on the property that was assigned to others twice. Whoever handled the legal work arranged for a release of the original mortgage rather than the last company that received the assignment, the problem they didn’t have any authority to release what they had already assigned to someone else.
 
There is sloppy work like this being done all the time that does nothing but hold up transactions from closing on time. I suppose expecting outstanding legal work is expecting too much.  
 
image courtesy of cooldesign/freedigitalphotos.net

 

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Joe Petrowsky, NMLS #6869

Right Trac Financial Group, Inc. NMLS #2709

110 Main St.

Manchester, Ct. 06042

Office: 860 647-7701 x116

Fax: 860 647-8940

Cell: 860 836-9294

Email: joe@righttracfg.com

www.righttracfg.com

www.joepetrowsky.com

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Joe Petrowsky does not guarantee nor is in any way responsible for the accuracy of the information provided herein, and provides said information without warranties of any kind, either expressed or implied.

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Brad MacKenzie
Brad MacKenzie - Duxbury, MA
Turning Houses into Homes on the South Shore

I hope you're having a wonderful snow-filled weekend in M'Field! Beautiful day, huh?

Jan 18, 2014 11:05 PM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

This is why it is so important to use a title company and get title insurance.

Jan 18, 2014 11:07 PM
ReadySetLoan Team
ReadySetLoan Condo Team LLC - South Windsor, CT
Residential, Commercial & Condo Financing Experts

This title/legal stuff sometimes gets very convoluted which makes title insurance a necessary evil.

Jan 18, 2014 11:24 PM
Anita Clark
Coldwell Banker Access Realty ~ 478.960.8055 - Warner Robins, GA
Realtor - Homes for Sale in Warner Robins GA

Joe: The last thing anyone involved in a closing wants to hear is there are title issues. It can take months to resolve!

Jan 18, 2014 11:27 PM
John G. Johnston
John G. Johnston & Associates, LLC - Westcliffe, CO
An Exclusive Buyer's Agent ~ Westcliffe, CO

Joe  Colorado just started adding to the contract to buy the opportunity for either the seller or buyer to select the title company.  Generally, who selects pays but that is negotiable.  I think if a title company closes shop they are only responsible for $10,000.

Jan 18, 2014 11:54 PM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Whoa.... important to know! Suggested! Insure around is vital protection to the buyer. 

Jan 18, 2014 11:56 PM
Jeff Fritzson: Frisco Real Estate Pro
Jeff Fritzson Real Estate, Ebby Halliday Realtors - Frisco, TX
Your Success is My Focus!

While a Realtor(r) may be the primary agent involved in a real estate transaction, we would get no where without the work of our preferred lenders and title organizations. You pointed out what happens when you have less than professional people involved.

Jan 19, 2014 12:20 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Joe,

It is a shame in our industry we have to deal with sloppy legal work..it's another case where someone takes no pride in their work!!

Jan 19, 2014 12:29 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Generally speaking we eventually close those after title is cured if the buyer wants to wait.  Once we did not.  Right now we are waiting for a re foreclosure where it was run in the wrong paper as public notice.

Jan 19, 2014 12:53 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Joe, death certificates and probate are problems we've encountered. It's always SOMETHING! Keeps us on our toes and then we are thankful for those easy transactions (like my latest one...)

Jan 19, 2014 02:46 AM
Roy Kelley
Retired - Gaithersburg, MD

Lender owned properties may even have more title problems because of fraud issues.

Jan 19, 2014 04:24 AM
Maria Gilda Racelis
Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington - Manchester, CT
Home Ownership is w/in Reach. We Make it Happen!

Hi Joe: One crazy and idiotic system at work. Why does it have to be aggravating like this? It is classic case of one hand which does not know what the other hand is doing. 

Jan 19, 2014 06:49 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Joe, holdups because of title issues can really impact some buyers who were planning on moving in on closing date.  Hope your title "clouds" are clearing up soon!

Jan 19, 2014 09:19 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Joe, I have run into this too and have one right now that we are trying to work out. Thank goodness the seller had title insurance that is going to save this one and get it closed.

Jan 19, 2014 01:06 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Joe, not uncommon at all in FL.  There are some REO properties that have been waiting to be put on the market for years but they can't clear title issues, so they remain in limbo.

Jan 19, 2014 07:54 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

 We see this occasionally....and sometimes...in short sales...it is because the Sellers lender does not know how to read a title policy...how's that for a switch ?

Jan 19, 2014 08:16 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Oh Joe, I so hear you...I had one a couple of years ago that had the wrong location...I had to prove to the bank, for my buyers, the correct one and verify it with attorneys!

Jan 19, 2014 10:14 PM
Shanna Hall
Real Estate Solutions - Kirkwood, MO
I love selling houses!!!St. Louis, MO 314-703-1311

Joe- it is always so frustrating when there are clouds on title and it is a result of sloppy work by a professional!

Jan 20, 2014 12:00 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

We have had a few surprises like this, it is good to have a quality title company noticing these errors.

Jan 21, 2014 10:40 AM