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Rainmaker
223,669
LuxurySoCalRealty San Diego
Compass - La Jolla, CA
San Diego Partner - The Private Client Network

Yes, I sold an oceanfront tear down lot value and the survey provided (agents had already had in their possession for 2.5 weeks of escrow showed the lot was 1/4 smaller, 2,500 square feet less.  Why?  The median high tide line had changed since the last survey was performed.  

Feb 23, 2016 11:11 AM
Rainer
18,092
Annelle Tubb
Complete Home Inspections, Inc. - Brentwood, TN

 What is an encumbrance? I know, youanswer question with a question.

Feb 23, 2016 06:52 AM
Ambassador
3,986,660
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Oh yes this has come up and almost every one of them has closed, evidently.

Feb 23, 2016 05:53 AM
Ambassador
4,557,751
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Yes, 2 of them recently. Could not be overcome and buyer decided to move on. One situation was an encroaching fence, the other were easement issues. While the easement issues were detailed in the Prelim they were more complicated than we thought. The encroachment only came about by having a survey

Feb 23, 2016 04:38 AM
Rainmaker
887,743
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

YES, and this is what your earlier Q about running a prelim first brought to mind. If you can go into County Recorder's records and look for docs, and have escrow run a lien search if not a prelim . . . it's worth it. Mine was a PITA but it did close. Seller HAD a title guarantee too!

Feb 23, 2016 04:33 AM
Rainmaker
634,272
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Representing the buyers we've seen liens discovered; in every case they were paid by seller through escrow and no issue for the buyer.

Feb 23, 2016 04:27 AM
Rainmaker
3,996,234
Richard Weeks
Dallas, TX
REALTOR®, Broker

I have had them were there were liens; however there was always proceeds to pay off those liens so "close".

Feb 23, 2016 04:25 AM
Rainmaker
4,884,492
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I did a FSBO for a buyer years ago, which became a nightmare once we went under contract.    The owner had many children he did not pay child support for, and they all put liens on his house, along with a habitable lien, which was the most difficult to get removed.  It took nearly 3 months to close, but it closed.   

Feb 24, 2016 10:16 PM
Rainmaker
1,380,453
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Not me personally, but I know a guy.  That's what the title report is for.  It came up on there and was part of the inspection contingencies.  Don't recall the outcome, it was a long time ago.  I believe the escrow was extended until it could be worked out, the buyers really loved the house.

Feb 24, 2016 04:55 AM
Rainmaker
4,158,219
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Yes, big surprise with a survey. The easement went through the center of the house. The buyer's did some research and decided to close anyway. The title company was surprised as was I.

Feb 23, 2016 08:41 PM
Rainmaker
4,059,843
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Not when I was representing the seller but it has happened when I was on the other side.   Stuff happens.  A lot.  Most things can be solved.   

Feb 23, 2016 07:17 PM
Ambassador
2,759,387
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

  And agent was telling me that after listing the property they found that there was more than $250,000 in liens against it. Needless to say, the wheels fell off the bus.

Feb 23, 2016 05:56 PM
Rainmaker
2,436,155
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Tony and Suzanne Marriott, Associate Brokers. I run into this problem when we do a refinance, but fortunately not very often, most close.

Feb 23, 2016 05:54 PM
Ambassador
4,312,753
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Tony and Suzanne Marriott, Associate Brokers - I remember once we had an issue while in contract ,the new flood zone maps put the home in flood zone.

We did close as buyers paid for flood insurance, however within 3 months the buyer sent abatement request which worked.

Feb 23, 2016 03:30 PM
Ambassador
2,224,117
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

No. I haven't had this happen. Our local title companies and the laws in CO make it clear at closing. 

Feb 23, 2016 02:06 PM
Ambassador
3,034,260
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

an IRS lien and no, it didn't close.

Feb 23, 2016 01:53 PM
Rainer
140,360
Richard L. McKinney P.A.
Atlantic Shores Realty Expertise - Port St Lucie, FL
For Results that MOVE you on the Treasure Coast!

Yerrrs and closed them all.

Had many inground pools in the setback and had to get a variance. More tax liens that I can think of. I have code enforcement liens on every reo that I list. A dozen or so permit issues and other misc things.

We just chop away at them and close ..... I will say this ... All these folks on here that are against a personal assistant or transaction coordinator have never either never done enough business to afford one OR never hired a good one.... I have a very good trans cord and she does all of this.... It just sets us apart from the average agent... when the average, ordinary bottom feeding emulator says that can't be done, I say bullshiite muslim, and we do it

Feb 23, 2016 11:53 AM
Rainmaker
140,568
Joan Dickie
Keller Williams Premier Realty - La Crosse, WI
Keller Williams Premier Realty

More recently..  Surprising what title comes up with recently.  All have lead to (delayed) close.

Feb 23, 2016 09:53 AM
Rainmaker
845,048
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate and German * M.A. ABR ASP

I didn't have a listing (knocking on wood) but just closed with a buyer who told us about his previous purchase at settlement (to get the closing attorney's input). He had purchased a REO property and only when he refinanced did they discover a lien to the tune of 5K. The title insurance refused to cover it and he had to pay. According to the title attorney at our closing, there must have been fineprint in the title insurance not covering certain defects because of it being a REO property

Feb 23, 2016 09:53 AM
Rainmaker
864,358
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

As far as I know that is usually the time those discoveries become apparent, during the disclosure period.  In CA, after you discuss and explain the discoveries to the buyer, they then have the option to proceed or cancel and walk away from the contract. 

Feb 23, 2016 08:18 AM
Rainer
318,613
Melissa Jackson
Century 21 Alliance Properties - Azle, TX
Helping You Make The Right Move

Yes, i'm in a situation right now.  Hope this goes well for all parties.

Feb 23, 2016 08:12 AM
Rainmaker
1,231,599
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Riding & reading.

Feb 23, 2016 07:04 AM
Rainmaker
4,799,481
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, it's happened.  Some close and some don't.

Feb 23, 2016 06:33 AM
Rainmaker
862,731
Bruce Walter
Keller Williams Realty Lafayette/West Lafayette, Indiana - West Lafayette, IN

Tony and Suzanne, there is a small town in our area that does NOT attach sewage liens after payments are in default.  Either the title company knows enough to check with the town before the closing or the lien awaits the new buyer as they do not file and record a lien against the property!  The way our title insurance commitments read in our area the title insurance companies will only protect the buyer from loss against what was in the WRITTEN record at the time of the search.  Makes for an interesting situation after the closing when the buyers go to start their sewage service and the town notifies them of the past lien that was never filed against the house in the county records.

Feb 23, 2016 06:10 AM
Rainer
215,563
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

yes, in fact a few popped up in same transaction near closing time....the surprises kept coming!  Thankfully, we did close on this $650,000+ property, but a few times I had my doubts.  The Seller's attorney even quit and he had to use a family member to help straighten out the lien mess...

Feb 23, 2016 05:46 AM
Rainmaker
520,551
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

Liens and encumbrances pop up here and there. We just get them fixed and close. Never had one kill a deal.

Feb 23, 2016 05:45 AM
Rainmaker
1,149,109
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Bail bonds, liens from City, county, Called bail bonds they said I have go to corporate for the amount.

Feb 23, 2016 05:10 AM
Rainmaker
1,716,204
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Came close a few times. Biggest fears are the federal tax liens - can't easily get rid of those.

Feb 23, 2016 05:03 AM
Rainmaker
1,456,727
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Tony and Suzanne Marriott, Associate Brokers i had a property listed with a judgement on it. The seller settled with the company and it closed.

Feb 23, 2016 04:51 AM
Rainmaker
2,634,187
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I had a purchase sale go that way. The pre-lim showed a million dollars worth of liens that were all eventually pulled off but gave us scare

Feb 23, 2016 04:43 AM
Ambassador
5,357,905
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Yes, the title company worked them out with the seller.

May 25, 2019 07:33 PM