Legal Question in Real Estate Law in New York
Leins against rental property by renters
The house is being sold under a land contract with the stipulation in the contract that all monies paid to the sellers before Nov 2003 is considered rent and not payment toward the purchase of the house, after Nov 2003 all monies paid to date would then count toward the purchaes of the house. The renters defaulted on the contract by not paying rent for several months. The house is now being resold by a real estate company that the sellers have retained to do so. New buyers want the property, but a title search turned up several thousands of dollars of leins against the property in the former renters names. How is this possible when they did not own the house? How can I get the leins lifted?
2 Answers from Attorneys
Re: Leins against rental property by renters
There must have been something recorded between you and the renter, probably a copy of the contract or an abstract. Since title did not pass or be transferred, establishing the default and that you are still the record owner is required. You should contact the title company and explain what happened. They can advise what they need to clear the title. You may possibly need a court order to vacate any recording, if the title company cannot resolve the matter.
Re: Leins against rental property by renters
I need to read the title abstract in order to asses the validity and nature of the liens. Normally, the seller would be expected to deliver good title at closing. If you have not signed a contract yet, then it's open to negotiation. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
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