Proof positive why you need a Title Search done!

Real Estate Agent with Coldwell Banker Roth Wehrly Graber RB14042341



     I've recently been working with a couple that want to buy a home for between $15,000 and $20,000, but don't speak or understand English all that well and don't have access to the internet. So the communication process goes something like this...

  • Husband finds a home he likes
  • Calls Brother-In-law (who speaks and understands English pretty well)
  • Brother-in-Law calls me to schedule a showing when we can all attend so he can translate
  • I schedule and confirm then call Brother-in-Law
  • Brother-in-law calls Husband back and we finally have a showing scheduled.


       As you can imagine with this kind of process and in this price range, there have been homes sold in the timeframe that it's taken us to get a showing scheduled. 


     So Husband finds a house that just came on the market the day he drove by it and we finally go through a property AND are able to get him under contract!! Woohooo they're excited and Brother-in-Law calls me every couple of days to see how the process is coming.


     We get all the admendments signed (this was a foreclosure home) earnest money turned over, lead based paint disclosures signed and are waiting for Title work to come through and we're ready to close!  I call Brother-in-Law to tell him we're all set and that all we are waiting for is the title work and wiring instructions (cash transaction)...should be anytime now


     YES....Title work is in!! I'd better go through it to make sure names are spelled correctly and there are no surprises.....just in case...  And THERE it was in black and white..

"Unfortunately, this will not be able to close until after Dec. 16th,
2010 due to the US Right to Redemption as noted on the title work.
Please advise if the buyer will be willing to wait until then, and
forward an Amendment extending thru Dec. 24th to allow for updates if

December 16th!!! Turns out the department of justice has a lien on the home and has until then to claim the property.....Lesson learned about how important it is to have a title search done. My buyer could've purchased the home moved in and ultimately lost everything if the d.o.j. were to come in and seize the property.


    Guess I'll go call Brother-in-Law and start the process all over again after we get a mutual release signed. 

Brian Kuhns, REALTOR

Coldwell Banker Roth Wehrly Graber

(260) 438-6289

(260)489-2485 ext 8487


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Comments (5)

Kari Battaglia, PA
RE/MAX Platinum Realty - Venice, FL
Love Where You Live

Another great example for getting Title Insurance.  Thanks for sharing.

Apr 20, 2010 09:24 AM
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

Brian...and teh title search isn't even fool proof.  A property we bought a few years ago has just come up with a although minor, title problem.  A trasnaction from 70 years ago, 5 owners.  The problem involves a cemetary.  We are going to do a quit claim for the couple acres...But, things do happen all the time!

Apr 20, 2010 01:04 PM
Andrew Haslett
Van Warren Home Inspections, NAHI CRI - Fort Knox, KY
Heartland of Kentuckynulls, Best Home Inspector

Wow, I hadn't heard of such a thing before -- couldn't the lien be cleared up before closing. I can't believe the bank doesn't want to get the home sold before then.

Apr 20, 2010 03:55 PM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Oh my that's a new one Brian!  Do you know if the Department of Justice can sign a waiver or release of their rights to redeem? Isn't that interesting!

Language barriers are difficult, it sounds like you have a good system.  Good luck in finding them another home!

Apr 23, 2010 04:57 PM
Pat Haddad, ABR, CRS, ePRO, GRI
Keller Williams Indianapolis Metro NE - Carmel, IN
Carmel, Fishers, Westfield IN Real Estate Expert

Just more proof that we can not possibly know all there is to know, no matter how long we have been in the business.  What a huge waste of your time.  It was nice when title companies used to be willing to do preliminary title work.  Hope the next house they find is extra nice and extra easy to get closed.

Apr 24, 2010 10:20 AM