Buying at auction, how do you do a Lien Check

Buying at auction, how do you do a Lien Check

New to Real Estate · 92656 · Member since 2018 · 61 posts · 9 votes

Hello BP

So assume you want to buy a property at auction, how would one go about checking and making sure that there are no liens on the property? I understand that title companies handle this in traditional sales  but during an auction or prior to the auction date when you do some due diligence are there services that can help you avoid buying a property at auction that has liens placed on it?  

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Investor · FL · Member since 2017 · 266 posts · 220 votes
7y

@Louis Van Der Westhuizen

You can pay a lien search company.

Find out if municipality ties utility liens to folio or owner.

Local property appraiser website for tax owed

Local clerk of courts to investigate hoa liens, mechanical (some of these get wiped out but you need to find out if so)

Local building department for code enforcement cases open, being fined, liens.

Local neighborhood compliance if applicable for

Lawn not beingcmaintained, mosquitos in pool, trash , etc.

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  • Investor · FL · Member since 2017 · 266 posts · 220 votes
    7y

    @Louis Van Der Westhuizen

    You can pay a lien search company.

    Find out if municipality ties utility liens to folio or owner.

    Local property appraiser website for tax owed

    Local clerk of courts to investigate hoa liens, mechanical (some of these get wiped out but you need to find out if so)

    Local building department for code enforcement cases open, being fined, liens.

    Local neighborhood compliance if applicable for

    Lawn not beingcmaintained, mosquitos in pool, trash , etc.

  • New to Real Estate · 92656 · Member since 2018 · 61 posts · 9 votes
    7y

    @Javier D.

    Thank you that makes sense! 

  • Attorney · Clifton, NJ · Member since 2015 · 1k+ posts · 328 votes
    7y

    @Louis Van Der Westhuizen you should definitely contact a title company and run everything before you buy. After you close, whatever is attached to the property (lien, etc) will becomes your obligation

  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    7y

    Regarding "...how would one go about checking and making sure that there are no liens on the property?.." I guarantee that there is at least one lien on the property if there is an auction, assuming this is a public auction. 

    Hire an attorney who you trust who can do a title search. 

  • New to Real Estate · 92656 · Member since 2018 · 61 posts · 9 votes
    7y

    @Chris Martin And @Dan Barli

    Thank you both for the advice. 

    It would seem like a costly process to pay for title search on every property you bid on when you likely won’t always be the highest bidder. And yet one would be crazy to skip that step!  Thanks again! 

  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    7y
    Originally posted by @Louis Van Der Westhuizen:

    @Chris Martin And @Dan Barli

    Thank you both for the advice. 

    It would seem like a costly process to pay for title search on every property you bid on when you likely won’t always be the highest bidder. And yet one would be crazy to skip that step!  Thanks again! 

    For those people in my area in situations like yours, or in other words in your shoes, I recommend they take an entry level paralegal course (only a few hundred bucks) at the local community college. Back in the day (2005?), we were fortunate enough to have an attorney teaching classes related to real estate law, and I took a few of them. I would tend to do my own investigations at the courthouse and could then eliminate the impaired opportunities before spending a dime. Keep in mind, though, I did spent time learning, time in class, then some time in court records... but the bottom line for me was the education was well worth every penny. I would suggest the same IF you are doing lots of cases. I was plowing through hundreds of cases a year when I was actively buying for my company. 

    The gist of the process I used: educate myself (yourself), do my (your) own due diligence, eliminate the crud, run potential acquisition targets by the closing paralegal, then work with the closing attorney to work out the title exceptions (if any) and negotiate with lien holders. In the big picture, this process saved time and money and worked well for both my company and the legal firm. 

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