Tuesday, February 3, 2009
The Contract--Clear Title
I get the question all the time about making sure that we get a "clear title". That means that they can transfer the ownership of the house to you with no problems. It has not had work done to it that has not been paid for (liens) or taxes that have not been paid (tax liens) or judgements that have not been satisfied, etc. There is what we call "title work". It is a document that is ordered on the new house and when it comes from the title company it tells us (you, me, your attorney and lender) what the parcel number for your house is, what the legal discription is (so we don't buy the house next door!!) where the current mortgage(s) are from (so we can be sure to know about all of them and be sure to get the amounts to pay them off from the proceeds) if the taxes are currently paid, what easements are on the property (most of them are for utility companies to run their wires etc.) who owns the property currently (we want to be sure all the sellers are selling) and any other information that is important to the sale. If all of this information is OK and we are sure that none of it is "clouded" then we can proceed with the sale. Our contracts say the seller must provide you with a clear title. That means you can own the property and have the right, with certain provisions, (like the easements, etc.) to sell it to someone else in the future. If there are problems, we want to know so that the attorneys can get them cleared up so you can live happily ever after in the home of your dreams!!
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