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Updated over 6 years ago on . Most recent reply

User Stats

134
Posts
75
Votes
Scott MacDonald
  • Specialist
  • Austin, TX
75
Votes |
134
Posts

Lien on property question

Scott MacDonald
  • Specialist
  • Austin, TX
Posted

Hi Team,

I am in the process of purchasing my first deal through a wholeseller (purchased others through MLS etc) and I have ran into an issue and was looking for some advice. I just got the commitment for title back and it shows 3 liens against the property. The first is for the mortgage which is fine, the second is for $10,000 from the local housing association which the owner agrees to and has instructed title to pay at closing as well as the mortgage. However the 3rd is a Federal Tax Lien to the value of $60k placed in 2018. The seller says they know nothing about this and have called the IRS who confirm they have no active case against them. Title is telling me they will have the seller sign a "Not Same Person Affidavit" at closing to take care of the issue.

Am I correct in thinking this simply means the seller is claiming to not be that person but the lien would still be attached to the property? I am using a commercial loan on the property and the bank seem comfortable with this stating "I have run across the title company having to prepare a “not same person” affidavit numerous times. They will do their due diligence to prove that that the owner is not the same person, i.e. social security number, etc. Once they confirm that this is not the same person, they will remove the lien showing in the title work and the lien will not show up in the actual title policy."

How would I verify the lien has been removed before I close?

Any help/advice would be greatly appreciated.

Thanks

Scott

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