Can I Get Clean Title If Buying As-Is with Back Taxes, Abatement Lien?

By
Real Estate Agent with Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty DRE# 00901962 Lic.1985
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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? 

 

 

California home prices infographic

 

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 need to be part of the short sale negotiations. If sellers are netting cash from the sale then they'll be required to pay off those liens for taxes and abatement to ensure clean title. The buyer will need to get more info on the "unsafe to use" issue from inspectors and contractors familiar with the problems.

If the buyer is purchasing the home at 10 percent below market in an increasing market like we have in the area of San Jose with Cupertino Schools, it may be worth paying the $10,000 back taxes and $5,000 abatement liens.

As-Is usually means the home is sold in its present As-Is condition, so unless you have an inspection contingency or repairs are spelled out in the contract, the seller has no duty to fix anything.

Thank you fore reading my blog. I hope my response educates you about Can I Get Clean Title If Buying As-Is with Back Taxes, Abatement Lien?

 

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Aloha & God Bless You, 

Michelle Carr Crowe Just Call 408-252-8900 sign image

 

Michelle Carr Crowe of the Get Results Team Real Estate Agent . Author . Coach . Trainer DRE #00901962 Licensed to Sell since 1985

P: Just Call ... 408-252-8900
F: 408-947-1585
E: GetResultsTeam@gmail.com
1190 S. Bascom Ave., Suite #118
San Jose, CA 95128
www.MichelleJudyCarr.com

Michelle C. Carr-Crowe and the Get Results Team (established by the late legendary Silicon Valley super agent Judy Carr) are known as the "Lynbrook and Cupertino Schools Experts." Coaching clients to success is Michelle's passion, making her and her team creative catalysts for positive change in people's lives. She is a Silicon Valley-based multi-million dollar real estate consultant, author, coach and trainer who works by referral only.

Her designations have included: Accredited Buyers Representative (ABR), Accredited Consultant of Real Estate (ACRE), Accredited Luxury Home Specialist (ALHS)Accredited Staging Professional (ASP)Certified Distressed Property Expert (CDPE),  Property Marketing Expert (PME), Real Estate CyberSpace Specialist (RECS), and Senior Real Estate Specialist (SRES).

Michelle is an internationally-published freelance writer with over 1,200 traditional articles in print and online, co-author of two books on Silicon Valley-specific real estate as well as over 68,000 blog posts on Blogger, ActiveRain, Examiner, FaceBook, Realtor, Trulia, RealBird and others. She enjoys reading, traveling, animals, nature, family, dancing, staging, consulting, coaching and praying. Check out her blog at www.activerain.com/results or visit her online at www.michellejudycarr.com or www.lynbrookhighhomes.com. For RE$ult$ ... Just Call ... (408) 252-8900.

 

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Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Your title was enough to wear me out.

HAPPY EASTER!!!

Mar 30, 2013 04:44 PM #1
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David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

interesting. Also a perfect reason why you HIRE a Realtor to ensure you don't run into these types of issues!

Mar 30, 2013 04:50 PM #2
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Michelle Carr Crowe,Altas Just Call...408-252-8900!
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

Debbie, I agree! Thanks for reading it anyway.

David-yes, you are right!

Mar 30, 2013 04:53 PM #3
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