Deed of gift, refinanced, foreclosed, life estate??? Close 12hrs

Deed of gift, refinanced, foreclosed, life estate??? Close 12hrs

Contractor · San Diego, CA · Member since 2018 · 432 posts · 221 votes

Hi I'm buying a house that was listed as a regular sale on Zillow. It showed sold in August 2018, and listing agent said it's a foreclosure, but bank didn't want it listed that way (legal?). So I'm finally getting around to reading all the OLD pages they sent me of photo copied deeds and transfers. Basically, in 1996 a married couple out of "love and affection" for the grantee, gifted the property to her "reserving unto themselves a LIFE ESTATE in the herein real estate". Then they all together refinanced for a $39k. loan. Apparently they foreclosed on this loan recently. My Title conclusion sheet shows Record owner as these 3 people with their grantor, grantee, deed of gift descriptions. Is it reasonable to think the bank owns this property but hasn't become the "Record Owner"? The seller is listed as B- - - Loan Servicing LLC. Also, on my Title Conclusion Sheet is listed a mortgage of $39k.

I’m buying sight unseen (“suck it up Buttercup”??). Why would I see all these OLD documents from 1940-2008 that show survivors and granted and gifts if these people have no more right to the land? Is it probably assumed that the bank owns all if they failed on the mortgage, or is it possible a “survivor” has to be notified? Lastly, the Title Conclusion sheet says Title searches from 1967-2015. Shouldn’t it be searched through 2018-19? If anyone can give insight here, by all means, please tell me what you know or think. I’m supposed to close tomorrow @ noon PST. Of course I’ll talk to Title Co and hope to get clarity, but I’d like to cover my bases if anyone can provide info. Thanks.

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  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    7y

    This is an REO... the $39k mortgage was foreclosed. Yes, your title search should be good through a recent date and the title commitment would reflect that date. If you are buying owners title insurance, and there are no specific exceptions that you do not understand fully, and the life tenants as well as the remaindermen were parties to and noticed of the foreclosure, none of this should concern you.

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  • Contractor · San Diego, CA · Member since 2018 · 432 posts · 221 votes
    7y

    Ok cool @Tom Gimer, always good to hear from someone on BP when I don't understand something and I'm about to wire funds. I did get a basic response to my concerns from the title co. assuring me it's all clear. It sounds like it's not too uncommon to see the history of deed transfers on an REO, based on your experience of the situation. Thanks

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