Legal Question in Real Estate Law in Pennsylvania
liens
I am purchasing a vacation home in a homeowners assoc community.I heard a lot of these homes have liens on them and that this info is ''hidden'' at closing. Although i am purchasing title insurance ...Does this guarantee a lien free home ? Or can this info be truly hidden? Also, if this property was ever foreclosed on...Would that put my primary home at risk ? And what is the cai ?
1 Answer from Attorneys
Re: liens
If you are getting title insurance at the same time as you close on your purchase, the title insurance commitment will show all liens and other exceptions to title [that are not being insured by the title company]. You should require that all liens be removed before closing is completed. This is usually done by the seller paying off the liens. Other exceptions to title generally refer to easements and restrictions that apply to the property. Ask for an explanation of how this affects the property. The title company may explain it to you, but you really should have a real estate lawyer of your own reviewing the title insurance commitment and exceptions to explain these to you.
If you are concerned about "hidden" liens, ask the title company. Also, ask if the title company has found any foreclosure information in the "chain of title" - that means the record of the seller and the owner before it and the owner before it, etc. If there was title insurance for the title transfers to your seller and to the transfers before your seller got title, the fact that the property was foreclosed on somewhere back in time should have no effect on your title.
I'm not sure what the "cai" is - it may refer to the declaration that created the community, or the community or homeowners' association restrictions. You should have been given a public offering statement and copies of all of the documents that formed and that govern the community and the association.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.