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Updated over 8 years ago on . Most recent reply
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Title Company Vs. Seller's Attorney - Wholesale Help Please
Hey guys I would love if someone could please help me. I've decided to jump right into real estate wholesaling and I've found a property to put under contract. The seller explained that there are liens and that he was willing to let it go for the amount to cover the liens.
I was able to confirm the liens due with the county so I sent the seller the contract with the amount.
Before he is willing to sign it the seller told me that his attorney advised that I call him. I called his attorney and he explained to me the lien amount (which I already knew) and that there was a possible mortgage issue from the 1970's that could be proven with documents from the seller or it not he could *override* it. i can't remember the exact term but the context makes me believe that what it is. i didn't want to sound like a newbie since it was the seller's attorney ;/
He offered to do the transaction for me
but my only issue is that my contract states that I would be given a 14 day inspection period. I explained to him that I was considering someone else and that I'd get back to him to give him time
Because of the issues with the title does he have to do it? Or can I tell the seller he can sign the contract and the title company/buyer's attorney can work out the issues?
The attorney was kinda pushy. I told him about my 14 day inspection period and he said he imagined that the seller would want to close much sooner than that. I kinda don't want to work with someone who rushes like that.
I really appreciate the help in advance. I feel very confident and I refuse to let this be an obstacle that stops me
Thanks.
Also, I'm in Atlanta if that helps. Thanks!!!
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Howdy
Good Question.
I'm thinking you might need to do a Quiet Title. Sometimes this can be avoided if a title company can get Comfortable insuring the property without going through the whole process. My suggestion is that you close the property at a title company you are comfortable with. Make sure you get a Warranty Deed. If there is Quiet title action that needs to take place then the seller can either have his attorney handle that and send the appropriate documents to your title company or the seller can hire your title company to do this.
You should probably check with your title company to see if they offer the service of Quiet Title Action. If not then find another title company, when I need to do this I go to one of First American Title's branches that is familiar with the county that the property is located in. Did I mention that you want to make sure you get a Warranty Deed. That's pretty key. I hope this helps you get started. If you have any other specific questions feel free to let me know. Good Luck.