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Old 11-28-2007, 11:12 PM
 
14 posts, read 114,337 times
Reputation: 13

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Where can I find out information about the states requiring a buyer to have an attorney at the closing/for a purchase/sale?
I'm looking to purchase a property at the local sheriff auction (Washington County, NY) for cash and interested to know whether I "must" have an attorney representing me. Because the contract I'm going to receive from the sheriff's sale is standard and non-negotiable and because I will be purchasing for cash, there is not that much I or an attorney can do with the contract. By not hiring an attorney I can save about $1K. I purchased several houses before in different states (had to move a lot due to work), but the laws in every state are different. I'm familiar with the process fairly well. If I was purchasing from a regular seller I would not even think twice about hiring an attorney, but because I'm looking to purchase at the sheriff's auction, would it be useless to pay the money for something that can not be negotiated/changed? Can anyone having experience or qualifications answer this question?
Thank you in advance.

Last edited by zolotko; 11-28-2007 at 11:22 PM.. Reason: additional info
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Old 11-29-2007, 11:06 AM
 
Location: WNY
1,049 posts, read 3,864,443 times
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I dont know about a sheriffs auction, but when i sold a home i owned by owner, i definately had to hire an attorney, i wish I could be of more use to you with this. I dont think I ever knew anyone taking an attorney with them to a foreclosure auction. Be sure to do your due dilligence on this property, but you have done this prior so I am sure you understand what is invovled
good lcuk
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Old 11-29-2007, 05:20 PM
 
14 posts, read 114,337 times
Reputation: 13
Thank you for your response!
After searching the net and not finding anything useful, I simply called and asked one of my acquaintances who would not charge hundreds of dollars for a simple answer. His response was that any person desiring to represent them selves takes responsibility for such representation onto them selves and allowed to do so as in a court of law so as in a purchase of a property.
After having experience with several purchases, I feel fairly confident to go through another one granted by a sheriff. Since the contract is standard and does not permit any changes to what is customary, I will proceed without assistance of an attorney. Since the sheriff issues unclouded deed with no leans attached, I feel more confident to save another $1K.
Again, thank you for your response.
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Old 11-30-2007, 12:36 AM
 
Location: Happy wherever I am - Florida now
3,360 posts, read 12,293,841 times
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Make sure you record the deed at the county clerk's office.
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Old 02-17-2008, 11:39 AM
 
3 posts, read 8,669 times
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You can PM me ,since the contract is standard and does not permit any changes to what is customary.
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Old 02-19-2008, 09:34 PM
 
Location: Somerset, NJ
505 posts, read 2,340,041 times
Reputation: 135
Quote:
Originally Posted by zolotko View Post
Since the sheriff issues unclouded deed with no leans attached, I feel more confident to save another $1K.
Again, thank you for your response.

I would double check on this one as I don't believe the deed that they issue clears all the liens on the property. If I remember correctly, it will not wipe away any mechanics liens or tax liens. Don't quote me on that though. I will check tomorrow though and report back my findings as this is a really good question.

~Joey
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Old 03-12-2008, 11:30 PM
 
14 posts, read 114,337 times
Reputation: 13
Quote:
Originally Posted by joeymarine View Post
I would double check on this one as I don't believe the deed that they issue clears all the liens on the property. If I remember correctly, it will not wipe away any mechanics liens or tax liens. Don't quote me on that though. I will check tomorrow though and report back my findings as this is a really good question.

~Joey

Thank you Joey.
You are correct, the mechanics liens or tax liens would not be cleared away if the sheriff specifically did not state so. In my case they guaranteed a clear title with all liens and taxes paid up to the purchase date. I also made sure that the property passed through the period of redemption by the previous owner. In many states there is a different term allowing an owner redeem a property sold at a foreclosure auction within a certain period of time no matter what a new owner done to the property. Adjustments would be made, but who wants to bother.
Thank you for everyone's input and advice.
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