Issue- Paid unreleased loans
Solution- Research must be done to determine the circumstances surrounding the lack of release. Is the debtor or creditor/beneficary still holding the original note and deed of trust? Did the beneficiary ever prepare the request for reconveyance? Were the documents ever submitted to the Trustee of the Deed of Trust? Does the borrower have proof of payment?
Issue- Seller not vested in title
Solution- Depends on the vesting situation. Contact your title company to investigate further.
Issue- Seller is deceased
Solution- Obtain a death certificate for the deceased. Probate can be resolved using a copy of a community property agreement, copy of last will and testament, probate affidavit or, in some cases, deeds from potential heirs.
Issue- Property over-encumbered
Solution-Start with an escrow prepared estimated closing statement that shows a shortfall. If you have a buyer willing to wait through the process, in some cases, debtors will negotiate pay-offs to facilitate the transaction.
Issue- Federal tax liens
Solution- Pay-off and release must be obtained from the IRS.
Issue- Judgement against seller or buyer
Solution- If judgement is against the seller, it must be paid from proceeds or a release of judgement must be obtained from the creditor(s). If against the buyer, it must be addressed by the buyer with the lender.
Issue- State warrant/state tax liens
Solution- Pay-off and release must be obtained form the appropiate state agency.
Issue- Pending lawsuits
Solution- The lawsuits may need to be resolved before the transaction can close. Sometimes a monetary hold back can be arranged.
Issue- Housing code violations
Solution- Violation usually needs to be corrected and appropriate releases obtained from the building department.
Issue- Mechanic's liens
Solution- Lien paid to closing and/or release of lien obtained from the lien claimant's attorney. Sometimes a monetary hold back can be arranged.
Issue- Numerous matters of record against people with similar name(s)
Solution- Principles complete statement of identity/ID afficavit
Issue- Seller is a partnership, LLC, corporation or trust
Solution- Agreements creating legal entity must be reviewed by title and escrow.
Bonus Issue- You need to sell your home or find a home to buy
Solution- Contact me and ask me about my 45 days or less your home will be sold or I pay you $500.00 and my "Love or Leave it" for all buyers!!