Need help to get my name off deed for house I sold (sale, insurance)

[gwwilliams22]

I competed the selling of my house in July, I did owner financing for the buyers. The 5 year contract is complete and the house has been paid off. My lawyer provided the the buyers all the paperwork needed to record the deed, they said they wanted use their own attorney for their part. It has now been almost 6 months and they have never recorded the deed, so the house remains in my name and overdo property tax bills are coming to me. I have tried to get hold of them on the phone but can't get a response, I also live in another state. What options do I have to get my name off the deed? I really don't want to get into a lot of expense through the courts since the house did not cost that much to begin with. I have thought about trying to cut off the utilities, but not sure if I can do that. The house was sold in PA.

[guy2073]

Are you sure the deed is not been filed, it takes sometime for it to show up on the county website, and for the tax collector to get the notification. Did you notify the tax office of the sale.

[Retiredcoach]

This would be one of those circumstances where getting the advice of an attorney would be a much better course of action, as opposed to, garnering the anonymous opinions of those on a local forum. If anonymous opinions are all that you are seeking at this point in time, I might suggest first that you have any/all utilities taken out of your name. I am not sure why you are maintaining this obligation- just contact the utility companies and cancel (unless you've signed a contract/lease to provide this service ad infinitum). It sounds as if you sold this property to someone who cannot afford it, and have created a situation similar to a tenant/landlord dispute where you may have to evict the deadbeats. This property is still yours until the deed has been transferred, and financial responsibilities associated with the loose contract that you have created are strictly your own. Did you ever hear the saying, "A man who is his own lawyer has a fool for a client" ? Sorry, but it sounds as if you need professional legal counsel to correct the errors that you have made/are making as quickly as possible. Good luck

[jea6321]

who cares? they dont have to record the deed if they dont want, they still own it. If the taxes go delinquent, its on them not you. If it goes to tax sale, again its on them, you dont own it anymore. Basically, you just need to wash your hands of it and walk away. definitely take the utilities out of your name. that should have been done the day you owner financed it. I would leave the new owners a message of the situation one more time and then be done.

[Retiredcoach]

Originally Posted by jea6321

who cares? they dont have to record the deed if they dont want, they still own it. If the taxes go delinquent, its on them not you. If it goes to tax sale, again its on them, you dont own it anymore. Basically, you just need to wash your hands of it and walk away. definitely take the utilities out of your name. that should have been done the day you owner financed it. I would leave the new owners a message of the situation one more time and then be done.

Wouldn't the OP's credit rating be damaged by a tax sale of the property, especially since the deed shows that the property is still is in his/her name?

[Hollytree]

OP, you really need to pay a lawyer to go into the courthouse and record a mortgage payoff and a deed transfer.
You actually agreed to provide financing but keep the utilities in your name? Bad move! Financing is one thing- utilities are another.
Ask the attorney to fix that as well.
Don't be penny wise and pound foolish- your credit is at stake.

Another lesson- don't use someone else's attorney at a closing- always get your own.

[lprmesia]

Was there Title Insurance purchased as part of the sale? If so, a CPL should absolve you of any fees from this and would be taken on by the Title Insurance company.

[selltheburgh]

The buyer gets to choose the title co / closing attorney.

Call their attorney and see why it hasn't been recorded. If they are jerking you around, tell them that you are going to get your attorney to deal with it.

Did you have a mortgage? If so, has that been satisfied and recorded?

I'm predicting that they are trying to flip it to another buyer and don't want to pay multiple transfer taxes and recording fees. Kind of illegal and definitely sketchy, but I see it with lower level investors from time to time.

[jea6321]

Originally Posted by Retiredcoach

Wouldn't the OP's credit rating be damaged by a tax sale of the property, especially since the deed shows that the property is still is in his/her name?

with utilities yes, the property taxes, no. Im not aware of any credit agency that looks into property taxes. they are lienable against the property, not an individual.

the only person at risk is the new owner. They cant resell the property unless they record the deed first. They could in theory sell it on a land contract themselves to another party, and if they ever get cashed out, do simultaneous transfers at closing. It actually happens quite often on cheaper properties/hard to sell properties out in the sticks, not so much in the city. And also happens on transfer between partners/ couples when they split sometimes. Ive been involved in a situation like this before. Bought out a partner and didnt record the deed for quite a while.

[selltheburgh]

Or maybe they are sitting on it trying to get bank financing and they only want to pay for title insurance and recording fees once?

sounds sketchy. i'd threaten them with legal action.