Tax Deed Purchase - No Title Insurance Available - Financing?

Tax Deed Purchase - No Title Insurance Available - Financing?

Rental Property Investor · Kailua Kona, HI · Member since 2017 · 4 posts · 0 votes

There are two parcels I want to bid on for at a tax deed sale, but there is a major issue. In the past few years all of our title companies in Hawaii have changed their policies where they will not issue any policies for a minimum of 20 years. 

This applies even to parcels where the purchaser takes possession and clears the title in the first few years (it's not a seasoning period, it's just a flat amount of time). 

Both of these parcels would require a substantial amount of cash for development and new construction (one is a multifamily and zoned for 6 plex) and the other I would subdivide into 3 parcels, build a SFR on each, and sell.

I would need constructions financing of approximately 1.5 - 2 MM for each parcel. Ideally I would like to refinance the 6-plex into a commercial loan with terms favorable to holding for the long term. 

Do private/hard money lenders ever loan without a lender's title policy? Commercial lenders? What kind of terms, if so? 

Has anyone had experience with sale via seller financing when title insurance can't be issued?  Success with buyers using cross-collateral loans? These are two very desirable parcels and there are many cash buyers in our area. I don't know how seriously buyers will take this issue if they don't need conventional financing and I can show proof of clear title. 

Experience and advice welcomed- thanks!

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Don KonipolBusiness Member
Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
7y

@Zarine D.

I know of no lenders, conventional or HML, that will lend without a title policy.

The answer to your dilemma is to initiate a court action for quiet title. Once the appropriate county judge signs an order affirming title in your name, any title company will issue title.

Private Mortgage Financing Partners, LLC
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  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    7y

    Hard money can loan on whatever they want, plenty can loan without title policies, but the risk compensation is commensurate. I'm not aware of any commercial lenders not requiring it because they need underwriting standards in order to re-sell the loan or meet auditing requirements. Find someone who is willing to hold the loan on their own balance sheet.

    A cash buyer is going to win these properties.

  • Residential Real Estate Broker · Paia, HI · Member since 2016 · 479 posts · 311 votes
    7y

    Are you sure about the title insurance? There is a one-year right of redemption for real property tax foreclosures. I would think title companies would issue insurance after that.

    Or are you talking about IRS tax liens??

  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    7y

    @Zarine D.

    I know of no lenders, conventional or HML, that will lend without a title policy.

    The answer to your dilemma is to initiate a court action for quiet title. Once the appropriate county judge signs an order affirming title in your name, any title company will issue title.

    Private Mortgage Financing Partners, LLC
  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    7y

    @Zarine D. There are title insurers who will insure tax sale properties. It may take some hunting to find them but they are out there. One option is to get a Deed from the previous owner. We have done that on occasion. 

  • Rental Property Investor · Kailua Kona, HI · Member since 2017 · 4 posts · 0 votes
    7y

    Thank you everyone for your input. I called all of the local title companies and received the same answer...no insurance until 20 years. One MAY consider it after 10 years. I was outbid by $1,000 so I didn't win the parcel, but want to know for next time. I agree that the way forward would be to initiate a court action for quiet title. One of the parcels lacked clarity on who the actual owner is (tax lien against one person, owner of record according to the title company another). All very messy and expensive to build and hold with a private money loan for the long term until title companies will insure.  

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