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Updated over 7 years ago on . Most recent reply

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John Frank
  • Rental Property Investor
  • California, PA
8
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72
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buying properties through Auction.com

John Frank
  • Rental Property Investor
  • California, PA
Posted

So I have seen a few threads in regards to Auction.com however it doesn't seem to be anything recent.  I have purchase from Auction.com in the past and they are not very easy to deal with.  It is almost impossible to talk to anyone that seems to know anything and you get a BS answer when you ask a question.  

So I am in the process of purchasing another property from them and according to the language below I assumed that if I was paying for the title insurance then I would get a Special Warranty Deed.  In the initial paperwork that they sent, I checked the box to pay for the Title Insurance, but when I received the sales agreement, it states that I agree to a quitclaim deed.  When I called them and told them that this was incorrect,  they told me that I need to work that out with the closing company and I was responsible for the title insurance. So below is the language that was in the auction listing: 

  • Buyer may receive a Special Warranty Deed or equivalent if Buyer is able to purchase title insurance without delaying the closing (title fees typically cost between $500 and $1500 and are based on the purchase price of the property). If buyer does not purchase title insurance, buyer will receive a Quitclaim Deed or equivalent, with no express or implied warranties of title.

So I am really confused.  Can anyone help me to understand this language?  Did I just buy a property that still has a lien against it?  I thought that the bank was responsible for clearing all previous liens before auctioning the property.

Please help?

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,509
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

You're getting title insurance, which will verify there are no liens/clouds. Here, a QCD makes no difference at all.  Typically, a Special Warranty Deed doesn't really help you, as they are only warranting the title against issues only during the time that They owned it anyway.  Also, if they provide the title insurance they usually only do a search for recorded liens, excluding unrecorded code violations, utility bills, etc. and they have a bunch of stuff excluded in the B section of exclusions....not very reliable.

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