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How to get previous open loans canceled off title from previous owners?

Warner Robins, GA |

Back in 2007 the previous owner of my property took out two loans. As of today both loan companies have went out of business. The guy who took out the two loans sold the property to a guy who got a loan from bank of america. Bank of America foreclosed on the property and sold the property to me. I was given a warranty deed by bank of america closing attorney. They said property had clear title. I tried to sell the property a year later and was told buy the buyers closing attorney that the property had two open loans on it that were never canceled by the county. What can I do to get those two pen loans canceled or satisfied. Remember the two lenders who gave the previous owner the two loans are out of business. How can the closing attorney fix this huge problem?

Attorney Answers 2


The answer is, in part, the same as the answer you received the last time you posted essentially the same question. If you made the mistake of not having your own title search and title insurance when you purchased the property, you need to hire your own real estate lawyer to see what can be done. The closing attorney is not your attorney so you should not expect him/her to volunteer to do the work. We can't possibly tell you how it can be fixed because we don't have the documents or know all the facts. Get a real estate lawyer to get to the bottom of it and resolve it.

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Have you first tried to go to the closing attorney for the Bank of America deal to you? If required, that attorney should be able to get you information on the title being cleared. I do that for other closing attorneys all the time. But you are saying you bought this as a foreclosure? If the foreclosure was done properly, all other junior liens should have been extinguished and you should have clear title. Otherwise, you will have to hire an attorney to run title and see what can be done to clear or quiet title.

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