I have recently sold a property in Kings Point Brittany area and cannot clear title due to a Notice of

Leenie
Home Seller
Warminster, PA

Commencement. Has anyone had a similar situation and how do I get around this.

Answers (2)
Best answer: Joan Lorberb…
First to answer: Dawn Smith
Joan Lorberbaum...
Agent
33446
BEST ANSWER

Hi!
Has your property actually sold? Or, have you entered in to a contract to sell? Is the notice of commencement against the association or you personally? 4 properties in Brittany have sold and closed within the past 60 days. And, I've sold my clients property in Tuscany in Kings Point (this was 40 days ago) where there were multiple Notices of Commencement and the buyer's attorney reviewed the title. We had special language in the contract for sale mentioning the Notices so that the buyer and their attorney was made aware of this. I don't believe you should be facing any obstacles with this sale but I do suggest you contact an attorney for professional legal advice.

If you would like the name of the attorney and the title company that so ably handled this for me and my client please email or call me and I will give you the name.

--Joan

JOAN LORBERBAUM MOORE
Broker Associate, GRI
Lang Realty
9858 Clint Moore Road
Boca Raton, FL 33496
561-573-3238 http://www.langrealty.com http://www.boca-delray-boynton.com http://www.linkedin.com/in/joanlorberbaummoore

Fri May 22 2009, 07:11
Dawn Smith
Agent
33411
FIRST ANSWER

What is your title company telling you, they should be addressing this issue for you? I also own a title company but I would need more information to answer your question. Who filed the notice, you or the association? Has the work been completed? If you filed, normally, you (as the owner) can serve a Notice of Termination on the contractor and lienors (if there are any that have given notice) and record it, if the work has been completed or if the work ceased before completion.

Another option, if the contractors are cooperative, they would sign a contractors affidavit, you attach it to the Notice of Termination and file both. These are normal situations, but I would need more information to directly answer your question.

Fri May 22 2009, 06:32

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