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Updated almost 10 years ago on . Most recent reply

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Adam Gratt
  • Realtor
  • Ventura, CA
6
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58
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Lawsuit on Title Insurance Ventura California

Adam Gratt
  • Realtor
  • Ventura, CA
Posted

I have found a SFR from one of my lists and in the discussion with the owner she said she has a lawsuit against her from a previous tenant. I asked if it was against her or the property and she said "The impediment is to title insurance ONLY" If she loses this suit does this mean a lien can be put on the property? The lawsuit is for over 30K so I just need to know if this needs to be a "subject to". I understand any advice is just the opinion of someone and cannot be taken as true legal advice.

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Well, you certainly need to talk to a local RE attorney, and to the title co.  You can't get clear title certainly due to the existing code violations.  The cure for those, and any associated fines, will be important.  An attorney can tell what would happen if you took title prior to any judgment being issued, and whether it might attach to the property.  May be a bit of a gamble, and may or may not be worth it.

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