Jump to content

Recommended Posts

I was renting to own a home, during that time I had a house fire and lost everything. Per my rental arrangement I was to get the land. It's been a few years since and I'm now trying to sell the land. I hand a buyer but come to find out there is still a lien on the land from the previous owner. I've been waiting 6 months for him to get this worked out. He now says his hands are tied.  Is there anything I can do about this? Can I sue the previous owner? It's very frustrating.

Share this post


Link to post
Share on other sites

Anyone can sue anyone for just about anything. Whether or not you have a case will depend on the agreement. I'd suggest you talk to a lawyer that specializes in real estate.

 

Is there some reason you didn't do a title and lien search before you entered into the agreement?

Share this post


Link to post
Share on other sites
1 hour ago, linapoo said:

I was renting to own a home, during that time I had a house fire and lost everything.

 

Did you not have insurance? If not, why not?

 

14 minutes ago, linapoo said:

I did an online title search and they found nothing.

 

Who is "they"?

 

A deed of trust is typically a recorded document that would come up in a proper title search. A deed of trust means that there was a loan outstanding on the property. It was either to secure your obligation or the former owner's obligation. You can still sell the land but the loan balance would have to be paid out of the proceeds before you get the deed to the property.

 

1 hour ago, linapoo said:

Can I sue the previous owner?

 

Sure. But for what? What did the previous owner do to you that's actionable?

 

 

Share this post


Link to post
Share on other sites
1 hour ago, linapoo said:

Is there anything I can do about this? Can I sue the previous owner?

 

Anyone can sue anyone for anything, and I'm sure there are lots of things you can do.

 

Not really sure what sorts of responses you're seeking since you didn't identify your state, and no one here has read any of the relevant documents.  I suggest you gather your documents and seek a consultation with a local real estate attorney.

 

P.S.  Your statement that "It's not a lien it's a deed of trust" makes no sense.  A lien is an encumbrance on the title of a piece of property, and a deed of trust is one of many ways of creating a lien.

Share this post


Link to post
Share on other sites

Sorry I'm new to this page and it's making all kind of quotes. The previous owner had a deed of trust against him when he own the land. I used one of the online title search companies and they found nothing on the land. I did have insurance which paid off the contract between me and the previous owner. Therefor the land was transferred to my name. I want to sell the land. I'm asking what are my options. 

Share this post


Link to post
Share on other sites

The person I was going to sell the land to want with a lawyer to close the deal. The lawyer found the deed of trust on the previous owner and says I can't sell it until the deed of trust is taken off the property 

Share this post


Link to post
Share on other sites

Also I've tried to work with the previous owner to get this taking care of for 6 months now. He is now telling me that there is nothing he can do about it right now 

Share this post


Link to post
Share on other sites
3 hours ago, linapoo said:

The lawyer found the deed of trust on the previous owner and says I can't sell it until the deed of trust is taken off the property 

 

That's not exactly correct. You can arrange for the sale through an escrow company that will hold the funds from the buyer, pay off the encumbrance, and get the deed of trust released. That's assuming there is enough money in the sale to cover the amount owed.

 

That's right, it comes out of your money.

 

Then, if you want indemnification from the guy who sold you the property, you'll have to sue him.

Share this post


Link to post
Share on other sites
15 hours ago, linapoo said:

I want to sell the land. I'm asking what are my options.

 

If you want to sell the land, then sell the land.

 

 

15 hours ago, linapoo said:

The person I was going to sell the land to want with a lawyer to close the deal. The lawyer found the deed of trust on the previous owner and says I can't sell it until the deed of trust is taken off the property

 

Ok, so contact the beneficiary under the deed of trust and ask what it will take to get the lien removed.

 

 

15 hours ago, linapoo said:

I'm in NC and don't want to share documents because it has personal information on them

 

Understandable.  internet message boards are not an appropriate solution for potentially complex legal issues.  Again, you need to take your documents to a local real estate attorney for advice.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...