Legal Question in Real Estate Law in California

Probate sale

My boyfriend and I recently have put in a bid for a co-op unit that is in probate. If there were any liens against it prior to the owners death would we be responsible for them if we end up purchasing the property?


Asked on 3/01/07, 11:57 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Probate sale

Liens affecting the property could fall into two, perhaps three, categories: liens that affect the property directly, such as liens for property taxes and deeds of trust; liens that affect the decedent's entire estate, such as judgment liens; and (perhaps) liens that expire or are forgiven upon the owner's death.

Your greatest concern should be for liens directly affecting the property, as these will directly affect future owners at full face value, plus interest. Liens against the entire estate may be less of a problem, if the estate has other assets also subject to the liens.

Before placing a bid, you should have a preliminary title report prepared, or examine one that is reasonably current, and/or inquire of the seller (executor? heir?) whether the deed you would receive warrants that title is free from liens and other clouds and defects.

It would be helpful to have a title insurance company give you an opinion as to whetherm you can obtain title insurance, and if so, what exceptions your policy would contain.

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Answered on 3/01/07, 1:07 pm


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