A
basic real estate contract stipulates that on or before a specified date
the buyer agrees to bring cash for the purchase and the seller agrees to
deliver clear title to prove that they have the right to sell the property.
Although according to the contract it is the seller's responsibility to
ensure salable title, you as the investor are responsible for seeing that
the deal gets done, so the process of ensuring clear title is something
that you want to take charge of.
All deals must be screened for title issues prior to closing and either
necessary and appropriate actions must be taken to clean the title or
the deal must be scrapped because of unsolvable issues.
A title issue, also called a cloud, is any recorded document or state
of affairs that prevents the transaction from getting through the title
policy underwriting process because of a potential claim to the property
in opposition to the seller's. Common clouds on title are liens, which
can be attached to a specific property, such as a mechanic's lien, and
judgments, which can be attached to a specific individual, such as a judgment
for child support.
If an individual who owns property is the defendant in a lawsuit and
a judgment is awarded against that individual, then the judgment will
automatically be attached to any property belonging to that person. So
a property may have involuntary liens or judgments attached to it that
the seller isn't even aware of. Also, if a significant amount is owed
in past due taxes then this could be attached to the property as a lien.
Another type of title issue is one involving probate. If the survivors
and heirs of a deceased person do not take the will through the probate
process in a timely fashion, it will eventually become null and void for
purposes of transferring the property and the heirs will have to pursue
other means if they want to take title.
Fixes for title issues will be individual and based on the situation,
but there are a few common techniques to have in your mental toolbox.
First of all, if the issue is a lien or judgment that is attached to the
property, it may be possible to contact the lien holder and ask for a
release of lien. Or, it may be possible to negotiate with the lien holder
to accept a discounted amount to satisfy the lien.
In cases where there is an unprobated will, the usual remedy is an affidavit
of heirship. This is a document that can be prepared by your title company
and that requires detailed information and signatures from the survivors
of the deceased, and which can be used to transfer the title of an unprobated
property to the rightful heir. And finally, in some situations nothing
simple will work and you may have to bring a suit to quiet title, which
can fix some problems but involves a court action. You should have an
attorney advise you if or when this becomes necessary.
Realize that title issues unsolvable by most buyers can be a reason for
a seller to become motivated. Being able to fix problems that others don't
know how to deal with can be a major source of profit in your real estate
business. If you can recognize and capitalize on the hidden opportunities
in title issues then you will have one more competitive advantage.
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