Help Filing A Lien
Here's my scoop.
Mortgage of 110,000, UNRECORDED at the court house that they are not aware of. I already have a Sales and purchase agreement and warranty deed for the property, that I haven't recorded yet. I am paying the seller $2000, and about $15,000 in deliquent taxes and a tax lien to get the property. But, I am still working with the mortgage company to do a short sale.
I would somehow like to file a lien on the property, so if they went down and placed their Deed of Trust on the property it would be after my Lien.
How could I do this?
Tim
I may be getting in over my head on this one - but here goes.
Since the mortgage that you have found is not recorded - it really doesnt matter for the purposes of you recording you sale and deed transfer.
Just like in the olden days - he who files first gets to stake the claim.
If you file your transfer and note, then it seems to me that the best that the other mortgage holder could hope for was to become a second on the new deed - if that is legal?? The answer to that is beyond my scope.
Pros - please correct me if I am off base.
Thanks,
Stormy
What you did is a land contract or AITD and I my opinion you should have hired an attorney to start with. I recommend you shop for a now. You also have to worry about the sell not making your payments to the bank, fire insurance company and to Uncle Sam. I recommend you hire an escrow company to handle your payments.