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Updated about 8 years ago, 09/21/2016

User Stats

130
Posts
16
Votes
Nick M.
  • Rental Property Investor
  • NY
16
Votes |
130
Posts

Judgement lien: Question on resolving

Nick M.
  • Rental Property Investor
  • NY
Posted

Hi All,

I'm purchasing a New Jersey quad at a short sale cash price of $255K.  The seller owes the bank circa $280K.   We went into contract in March 2016, with an inspection shortly thereafter.  Few weeks ago I learned the short sale was approved- yea!   Well, the excitement has been some what short lived.  Recently after running title I've come to learn of 3 judgement liens: 2 from the DMV from 19 years ago, each for about $800.  No biggie.  The last from 13 years ago is for $25K (abstract also says "plus costs" - not sure what that means).  This judgement comes after losing or perhaps not contesting a lawsuit from a corporate entity.  Note: It is unclear if any of these judgements are truly against the seller because he has somewhat of a common name.  

The results from the title search were sent to the seller's attorney about 8 days ago with a request to sign an affidavit of title, stating the judgements aren't against him (but someone with a similar name).  To date, I haven't heard back from the seller's attorney.  I'm imagining at this point, the seller won't sign the affidavit because in part or in whole, the judgments are truly against him.   Note: Bank's approval of short sale expires September 12th, 2016.

Question:  What can I expect now?  What options do I have?  Will the bank who is the first lien holder negotiate with the owners of these other judgements (junior leans)?  Will they do so by September 12th?  Should my attorney and I reach out to the judgement owners and negotiate directly?  What can I do to secure the property while minimizing my out of pocket expenses for paying off leans.

Thanks so much for your feedback.

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