Quick update, I spoke with the tittle insurance company and they said that because the omitted party action had been filed they decided to insure the property with the lien. They also said that there was a good chance that the attorney who filed the Omitted action would continue on the process of removing the lien even after the closing, as it has already been started, unless of course the attorney handling it drops dead which in that case the title insurance company would step in. They also said that because the lien was suppose to be wiped out with the foreclosure process and was not because the party was not named, that it would be pretty easy to have it released , but that of course it would take time. Another thing he said could be done is negotiate with the lien holder to release the lien in exchange for a couple thousand dollars, being that if it goes to court they would loose any ways and get 0. He also mentioned that this type of thing happens all the time where the attorney handling the foreclosure misses a lien.
At this point I think we will probably move forward but, we will delay the closing as far out as possible unless the seller gives us a credit of a couple thousand dollars to cover the additional risk.
I’ve never had a bank owned property go smooth, it’s always one thing or the other,smh. But hey, at least it’s another lesson learned, you never stop learning in this business.