Home > Trulia Voices Home > Arizona > Pima County > Tucson > 85705 > Home Buying > Question

A Lien As Part of a Quick Sale??

Dawn
Other/Just Looking
Tucson, AZ

My daughter and her fiance put in an offer today on an $80K house in Phoenix on a "quick sale." Her agent said there is a chance that there is a lien on the house that the buyers would be asked to absorb. It could be $40K. Neither she nor I have any idea what this means. Doesn't sound very smart to me since the point is to get into an affordable house. Can you explain this? The agent said liens like this are common in "quick-sales." Thanks. Dawn in Tucson.

Answers (4)
George Szkup
Broker
Tucson, AZ

Dawn
You have excelent answer from Joyse Barnes. Discuss this situation with your lender and Tille/Escrow company. And, perhaps, your best solution may be looking for another place and leave this one for an investor ?
George
Designated Broker
Tucson Home Advisor LLC - Realtors

Tue Feb 17 2009, 10:16
Joyce Barnes
Agent
Tucson, AZ

Hi Dawn,
Perhaps the Realtor was referring to a Quit Claim Deed, which relieves the seller of all claims to the property. As described in the other answers, any liens on the property go with the deed on the property, meaning they are now owed by the new owner. These liens could be back taxes, mechanics liens for building repairs or for any other way in which the seller used the home for collateral. Any known outstanding liens need to be paid in full at the time of sale. If the property is appraised for more than the combined cost of the purchase price and the amount needed to pay off the liens, a lender may include them in the mortgage. A title search will identify the liens on the property and title insurance will protect the buyer from having to pay for any liens that may not have been recorded at the time of the search. Hope this information is helpful.

Tue Feb 17 2009, 00:28
Jay Thompson
Broker
Phoenix, AZ

I'm also not familiar with the term "Quick Sale".

A lien places a cloud on the title. You won't be able to take clear title with a lien on the property, it will have to be cleared before closing. If the seller is unwilling (or unable to) that leaves the buyer to address it. You're looking at a 50% add-on to your 80K price. I'd get with your agent for clarification and make SURE you know exactly what you are getting into.

Mon Feb 16 2009, 19:15
Robin Willis
Agent
85715
FIRST ANSWER

Hi Dawn,

I am not familiar with the term "Quick Sale". However, if there is a lien on the property that is not paid off at the time of closing then that lien will remain with the property. It would be advisable for your daughter and her fiance to consider that as part of the price of the house and make their decision from that stand-point. Also, make sure that there are no other liens on the property or this could turn into a very expensive "affordable house." They should be able to check into these liens during the 10-day inspection period and can back out without penalty if they make the decision prior to the end of the inspection period.

Good luck to your daughter and her fiance.

Mon Feb 16 2009, 18:09

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 292
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback