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Should I purchase a lot with a property lien on it using a quit claim deed?

West Columbia, SC |

what are the risks in buying a lot from an individual that brought the lot on a tax sale, with a lien still attached to the property?

Attorney Answers 3

Posted

There are many risks, not the least of which are that you may have to satisfy/pay the liens in order to obtain clear title. You should hire a real estate lawyer to perform a full title search to determine the status of the property including present ownership, mortgages, liens, judgments, pending actions which may affect the title, and other encumbrances which are applicable to the property. They can best advise you on what you may be getting in to so you can make an informed decision.

This response does not create an attorney client relationship, and is for general information purposes only. You should promptly contact an attorney in your area to ascertain your legal rights.

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Posted

Mr. Bowen provides some excellent advice. Not a good idea unless you can afford and want to deal with the possible title issues you are essentially buying. That being said your attorney could also give you an idea of how to fix the title issues. The cost of doing so could be negotiated into the price or shared with the seller. There are a lot of options that a real estate attorney would be able to help you sort out.
Thanks,
ian
Ian A. Taylor
The Taylor Law Office L.L.C. | (843) 314-4313
Pawleys Island, SC
Estates. Probate. Adult Guardianship. Foreclosure. Insurance.

The Rules of Professional Conduct for my state only allow me to provide general legal information regarding your question. I am unable to offer my services directly or specific answers to your question. The information provided is not intended to create an attorney/client relationship and shall not be construed as legal advice. Therefore, the resources or information given is provided as general information only. I caution Askers not to attempt to solve individual problems upon the basis of the information contained therein.

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Posted

There is no "cut and dried" answer to this question. The answer depends on the nature of the lien, the purpose of your purchase, whether or not you need this property, etc.

In some cases the risks will outweigh any potential advantage to you; in other cases the risks will be negligible and will not outweigh the advantages to you of purchasing the property.

Consult an attorney.

The material on the site is made available with the understanding that this author is not engaged in providing professional legal advice. Before relying on material on the site users should obtain appropriate professional legal advice. The material on this site may include opinions, recommendations or other content from third parties that do not necessarily reflect this author's views. Links to other Web sites are included for the user's convenience and do not constitute this author's endorsement of the material on those sites, or any associated product or service. The listing of a person or company in any part of this site in no way implies any form of endorsement by this author of products or services provided by that person or company. The questioner is advised to consult an attorney for legal advice as to that person's particular situation. You may wish to consult your lawyer or another lawyer instead of me (us). You may obtain information about other lawyers by consulting the Yellow Pages or by calling the South Carolina Bar Lawyer Referral Service at 799-7100 in Columbia or toll-free at 1-800-868-2284. If you have already engaged a lawyer in connection with the legal matter referred to in this communication, you should direct any questions you have to that lawyer. The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this communication is general and that your own situation may vary.

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