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Old 04-02-2005, 04:36 AM
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Quit Claim Deed Shows No Lien, But There Is 48000. Judgement


What is the name of your state? FLORIDA

I HAVE PURCHASED A MOBILE HOME AND THE PROPERTY THAT IT IS ON. THE PREVIOUS OWNER WAS IN FORCLOSURE AND QUIT CLAIMED IT TO ME AFTER A PAYMENT OF 30,000. [i]THE QUIT CLAIM DEED CAME BACK FROM THE RECORDING DEPT OF PALM BEACH COUNTY WITH NO LIEN! NOW I FIND OUT IT WAS IN FORCLOSURE BEFORE I BOUGHT IT AND THE FINANCING CO WILL NOT ALLOW ME TO CHANGE EVERYTHING OVER. CHAPTER 13 WAS FILED BY PREVIOUS OWNER AND I HAVE ALSO PAID THE TAXES AND FILED HOMESTEAD EXEMPTION WITH THE PROPERT APPRAISERS.
IS THE HOUSE MINE. I WAS NOT AWARE OF THE LOAN AND THOUGHT IT WAS ALL PAID. THERE IS A FORCLOSURE JUDGMENT OF 48,000. BUT THERE HAS BEEN NO MORE ACTIVITY SINCE THE BANKRUPTCY ( NOW DISMISSED WITH PREJUDICE).
CAN THE BANK MAKE ME MOVE OUT IF I CANT GET FINANCED?

THANK YOU,

DDM
  #2  
Old 04-02-2005, 06:16 AM
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Join Date: Jan 2003
Posts: 19,152
A quit claim does NOT warrant the condition of title. It only passes "whartever interest" the party has. If one is PURCHASING RE from an individual, they should demand a warranty deed. I'd never accept a QC after shelling out tens of thousands of dollars to BUY some RE..

You also SHOULD have used an attorney. Sounds as though you didn't. But IF you did, you better get over to them and ask how THEY intend to help you fix this.

NEVER buy any real estate without obtaining title insurance. A title search would have revealed that debt. That is why it is worth what one pays, because it helps prevent finding out AFTER paying out all that money out that some other large lein also is against the property..
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