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Can I Get Clean Title If Buying As-Is with Back Taxes, Abatement Lien?
Can I Get Clean Title If Buying As-Is with Back Taxes, Abatement Lien?
by Michelle Carr Crowe
Recently a question came up from a California home buyer purchasing a home As-Is owned by a family trust. His question was whether the seller would be able to provide free and clear title as the home has back taxes, abatement issues/fines and still had the name of a deceased person (original trustee) on title.
 
My first questions were:
Have you already entered into a contract and have you already seen a preliminary title report?
What do the listing agent, buying agent and escrow officer say?
What price are you paying? 
 
 

 
In my experience if the home is in a trust and the sellers are the executor trustees, they usually have the right to sell real estate within the trust. They will be required to provide the title company with a copy of the trust, the death certificate of the prior trustee and of course identification that they are the true owners.
However, it all get complicated if this is a short sale or pre-foreclosure home.
For example, if the seller is short those tax and abatement issues may ... more

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