Title Search - Claim to Deed - Is this anything to worry about?

Title Search - Claim to Deed - Is this anything to worry about?

Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes

I have the high bid on a $60K foreclosure property.  Scheduled to close in a couple weeks. My RE attorney turned up a weird thing during title search.  He has been doing RE searches for 40 years and said he has never seen a deed claim like this.  He said it was completely baseless in law, however, he was concerned about future claims or even personal safety.  Has anyone dealt with a claim like this? I would appreciate your perspective. 

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Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
6y
Originally posted by @Terrell Garren:

I have the high bid on a $60K foreclosure property.  Scheduled to close in a couple weeks. My RE attorney turned up a weird thing during title search.  He has been doing RE searches for 40 years and said he has never seen a deed claim like this.  He said it was completely baseless in law, however, he was concerned about future claims or even personal safety.  Has anyone dealt with a claim like this? I would appreciate your perspective. 

 The document doesn't show a date that I can see. If it was filed before Noah's flood, I wouldn't worry about it. The laws have changed since then.

If it was filed in the last few years or by the previous owner, you can bet the county records will have other such filings. There may have been an unrepresented complainant in a "Sovereign Man" case. (That's where they borrow money, don't pay it back and then claim that since they were paid in paper money, not gold, they are not required to repay the debt and they get to keep the property. It's a little more convoluted than that, but you get the idea.

He is either in a local institution (mental, jail, or politics) and you might be able to track that information down if you follow the legal filings and hire a skip tracer. Or, he may be wandering the streets with the idea of getting "his property" back. I'd check with the sheriff's office to see if they had an eviction for the address and any other "incidents". It's also a good idea to check with the neighbors. They will have some colorful stories to tell. That should help you decide your next step. And of course if you keep enough gold on hand, you can pay him off when he shows up. He doesn't take Visa.

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  • Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
    6y

    More info please.  Is the record owner you are buying from the same person who completed the 
    "certificate"?  If not, what is their relationship?

  • Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
    6y
    Originally posted by @Darius Ogloza:

    More info please.  Is the record owner you are buying from the same person who completed the 
    "certificate"?  If not, what is their relationship?

    A bank auctioned off the property after they foreclosed on it. The claim was filed by the previous owner that defaulted on the bank loan.

  • Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
    6y
    Originally posted by @Terrell Garren:

    I have the high bid on a $60K foreclosure property.  Scheduled to close in a couple weeks. My RE attorney turned up a weird thing during title search.  He has been doing RE searches for 40 years and said he has never seen a deed claim like this.  He said it was completely baseless in law, however, he was concerned about future claims or even personal safety.  Has anyone dealt with a claim like this? I would appreciate your perspective. 

     The document doesn't show a date that I can see. If it was filed before Noah's flood, I wouldn't worry about it. The laws have changed since then.

    If it was filed in the last few years or by the previous owner, you can bet the county records will have other such filings. There may have been an unrepresented complainant in a "Sovereign Man" case. (That's where they borrow money, don't pay it back and then claim that since they were paid in paper money, not gold, they are not required to repay the debt and they get to keep the property. It's a little more convoluted than that, but you get the idea.

    He is either in a local institution (mental, jail, or politics) and you might be able to track that information down if you follow the legal filings and hire a skip tracer. Or, he may be wandering the streets with the idea of getting "his property" back. I'd check with the sheriff's office to see if they had an eviction for the address and any other "incidents". It's also a good idea to check with the neighbors. They will have some colorful stories to tell. That should help you decide your next step. And of course if you keep enough gold on hand, you can pay him off when he shows up. He doesn't take Visa.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    6y

    Hi Terrell,

    It might be a Sovereign Citizen "Type" person who filed it.

    This was happening in Las Vegas a while back, and they thought they some legal standing to claim the property, but I don't think it turned out too well for them.

    As far as it's legality, that would be up to an attorney (or possibly the District Attorney) to decide that.

    That's all I know about this "The Living Man" kind of stuff 

    Or it could be legit, and the person chose to word it this way for whatever reason.

     Here a link to the Las Vegas story about Sovereign Citizens (if that's even what you have here, and it may not be): https://www.reviewjournal.com/business/housing/sovereign-citizen-case-reveals-squatters-targeting-vacant-las-vegas-homes/

    Good Luck!

  • Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
    6y

    @Account Closed Thank you, very helpful.  There is a renter in the house currently; however, it seems they plan to move because they knew it was in foreclosure.  The previous owner was still trying to charge them rent even though the bank owned the property.  You make a good point to check for complaints or arrest records regarding the previous owner.  I don't have gold but maybe he will accept frankincense or myrrh.  

  • Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
    6y

    Thank you @Scott Mac

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    6y

    Here's a LEO link about Sovereign Citizens if you're interested.

    https://www.youtube.com/watch?v=ALPs_n0WQaY

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