Home Buying in Germantown>Question Details

Desiree Still, Renter in 19132

how do i find out if a property has a lien on it?

Asked by Desiree Still, 19132 Mon Sep 27, 2010

my family and i are interested in buying our first home, but we want to make sure that we are not making a mistake on the property that we choose to own. we want to do our research and make sure everything is in good standing with the property. for starters, how would we go about finding out if the property has a lien on it?

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4
Mike Artie Rosania’s answer
You should have an agent represent you if you decide to make a purchase. If not an agent than at least an attorney (agent should not cost you anything though). Whenever you purchase you will need to get title insurance policy(required if you are getting a mortgage by the lender)which will protect you if in fact a lien or judgement does come up after you settle on the property because sometimes liens and judgements may p[op up even if you done a preliminary title search. If you have any further questions feel free to contact me anytime.
0 votes Thank Flag Link Fri Oct 15, 2010
Hire a title searcher to do this! Call a closing company or lawyer and ask them for a title search and lien search.
0 votes Thank Flag Link Mon Sep 27, 2010
Access your local public records. Caveat emptor "let the buyer beware". NY courts hold prospective real estate buyers or mortgagees responsible for inspecting the property and searching the public records to find out the interests of other parties. Constructive notice assumes that the information is available, so the buyer or lender could have learned it. A special search may be needed for unrecorded liens, Estate taxes and franchise taxes are placed against all real estate owned by either a decedent at the time of death or by a corporation at the time the franchise tax became a lien; these liens also are not recorded.
A title insurance policy protects the policyholder against loss if a defect in the owner's title is challenged by anyone at anytime. The policy is paid for only once and is in force for the whole period of ownership.
Web Reference: http://www.clovelake.com
0 votes Thank Flag Link Mon Sep 27, 2010
The best way to ensure that all necessary research is done is by working with an agent, therefore consider having your own representation--you can find liens by searching local public records departments, however do keep in mind that not all liens may have been filed, therefore a title search would be needed--again, consider working with an agent of your own.
0 votes Thank Flag Link Mon Sep 27, 2010
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