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All Forum Posts by: Lee Macky

Lee Macky has started 2 posts and replied 15 times.

Quote from @Ned Carey:

@Lee Macky They type of deed has nothing to do with weather you have good title. The type of deed only describes the sellers responsibility and guarantees to you if there is a title problem. That is why you get title insurance to back you up if there is a problem


Only realtors know what this 120 affidavit is. It makes mo since to me.  It notifies any lien holders. Just like the 90 day affidavit.  

Quote from @Lee Macky:

So, I purchased a tax sale property.  Received a special warranty deed.  Treasurer and recorder say I have a clear title.  Now, 2.5 years later I'm trying to sell and the buyers attorney is saying I don't have a clear title.  My now attorney is just along for the pay.....no help. A 120 affidavit was not filed . No one except for realtors are aware of this affidavit 

Quote from @Lee Macky:

So, I purchased a tax sale property.  Received a special warranty deed.  Treasurer and recorder say I have a clear title.  Now, 2.5 years later I'm trying to sell and the buyers attorney is saying I don't have a clear title.  My now attorney is just along for the pay.....no help. A 120 affidavit was not filed . No one except for realtors are aware of this affidavit 


So, if the previous owners have passed and the housecwas vacant 9 yrs. I have a Special warranty deed.  Do I have clear title and am I at risk of anyone making a claim?

So, I purchased a tax sale property.  Received a special warranty deed.  Treasurer and recorder say I have a clear title.  Now, 2.5 years later I'm trying to sell and the buyers attorney is saying I don't have a clear title.  My now attorney is just along for the pay.....no help. A 120 affidavit was not filed . No one except for realtors are aware of this affidavit 

Quote from @Greg Patterson:

update, worked with title company today to find out just exactly how this will go. As I thought, 

get the purchase agreement that includes a special stipulation saying we'll pay the unpaid taxes.

submit to title company and perform search

fund escrow account

title co will distribute funds at closing.

shooting for a two week turn around or less.


I purchased a property in cash, got a special warranty deed,  paid any back taxes or liens. Now 2.5 years later I'm trying to sell but am being told I can't without a 120 affidavit. But, the treasurer and recorder say I have a clear title. I'm confused 

Post: Special warranty deed

Lee MackyPosted
  • Posts 15
  • Votes 1

If I hold a special warranty deed, can someone put a claim, if the previous owner has passed? Will a bank lend on a special warranty deed? Do I need a special affidavit?

Post: Special warranty deed

Lee MackyPosted
  • Posts 15
  • Votes 1

If there are no lien, and the previous owners have passed can anyone make a claim if you have a Special warranty deed?