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We bought a house out of foreclosure from a bank over a year ago. We were issued a clear title from the title company. Now in the last 2 months the DOJ and State of Missouri have files liens on our property in the name of the person who owned it previously. This person is now in prison and owes the governenments several millions of dollars.
Can the governments take our house?
That should be a possible claim for your title insurance company. I agree seek a lawyer - but contact your title insurance co and see how you can file a claim. If they allow you to, you should get a lawyer through the title co (free for you) to represent you and fix it.
Please - let us know what the outcome is, even if it is a few months later.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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I'm guessing the speed of the government wheels wasn't fast enough to file the liens on your property while the other guy owned it. Go to the title company first and get their verdict before you spend money on an attorney.
Okay thank you for the imput. I have contacted the Department of Justice and the state Treasurer in Missouri. They both are working on getting the cleared up. I will keep you posted.
Shelly,
Yes we have title insurance. I talked to title company, they said the lien did not attach to the house, just the former owner. But, title company refused to give us anything in writing about this particular matter. Said it was a moot point.
I talked to the person at the Department of Justice who had actually filed the federal lien, and she said it did attach to the house. After her research, she found that we do indeed own the house so is going to release the lien. After the release is filed with our county she will call me back to make sure I can access the release.
I am still waiting on Missouri gov't to get back to me. I am like a pitbull--I won't let go until I have it done.
You Go!!!! Good for you. I'm shocked you even found out about it. most folks don't know until they go to sell the home, and then it is so long ago... well, what a pain (trust me, I've had to deal with similar with my sellers in the past).
I'm wondering, did you call the title company that handled your settlement or the title insurance company that wrote your binder?????? if it was the insurance company, I would get back in touch with them, and ask for the supervisor, and forward a COPY of the release to them and tell them what happened (I'd be upset, as that is their job... you paid for it).
Also, I'm sure you know to keep your title insurance policy for this house forever and ever amen, right??? even if you sell the house, you keep the title insurance policy. Keep this release with this policy. Just in case it rears it's ugly head again.
I did call the title company that issued our insurance. When I told them what the Treasury Dept. said, the manager of the title company argued with me about what the Treasury agent had told me. In this case I found the Treasure Dept. to be more believable. I think the Title company is covering their own butt. I am keeping all of the papers and all of the notes I made for each phone conversation. When I get a copy of the release it will be safely packed with all house related papers. Thank you.
Sounds like the title com, is covering their butts, and they missed it, so stay focused on them, and keep up posted. I had a fed income tax lein surface, and they got if filed only a week before closing, and seller had to come up with some add 15,000 just to close. So good luck, and stay on top, and keep us posted.
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