This is personal to me as a Real Estate Broker but I thought that it might help someone if you are planning on buying houses in the future.
Here's my timeline:
Closed on house November 21st, 2012 (Foreclosure)
At this point my understanding after being in Real Estate 18 years is that when a property has gone through a title company process for closing the Buyer walks out with a clear title to the property. Well, this is not always the case.
Property recorded into new owners name December 4, 2012
A trip to get Permits for work to be done
The new owner started working on the property and got to a point where there were permits needed to to do the electrical and some other things. He went to City Hall to get the permit. He was told he need to go to the Weed Control Office in the Court House. After going there he was sent to the City court to find out why he was not able to get permits. He was told that at sometime the city mowed the yard charging $75.00. They said they notified the Owner who had passed away that he was being fined and needed to come and pay the fine or he would be taken to court. Well since the man had passed away he did not show up in court so they levied more fees to the owner.
Remember this -
When the Title Company did there search for liens and such they did not check this fine because even though it goes through court it is not recorded and it states on the title work that they are not responsible for items that are not recorded. The Buyer had to pay $197.68 to clear this off and to get his Permits. If he decided not to pay there would have been more fines added to this. What I found out was that if a title company does not find these they stay with the house and the new owner is responsible.
Motto
If you are purchasing a home in Delaware County and do not want to rely on the title company to do there job you should go to the Building Commissioners office on the 3rd floor of the City Building and ask for Joyce Dick. She has all of the knowledge. If there are unrecorded fines, liens or judgments ask for a copy and take or send to the title company that will be closing your purchase. This way you should now be getting clear title to the property. Foreclosure Companies do not use a title company from Delaware County usually so you do not know actually what has been done so make sure you ask to see the title work before the closing that way you will have a chance to check to make sure that you are getting what you are paying for. The Seller pays title work normally but this is figured in the listing price. Even though it is something that is negotiable it usually is a Seller expense. They are assuring that you are getting a free and clear title. (Sometimes)
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