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Old 04-17-2014, 08:36 PM
 
Location: New Hampshire
4,866 posts, read 5,664,237 times
Reputation: 3786

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Hi, I am about to ramble a bit so bear with me....

My landlord is selling the condo I live in. She is having a realtor come by tomorrow to look at the place. The landlord happens to be very shady and not forthcoming with any type of information. She was sued by the condo association for unpaid condo fees (over 5 years worth of fees) right after I moved in. The court ruled that I could no longer paid rent directly to her because of the money she owed. I was ordered to make my rent payment to the condo association. This was in October 2012.

The condo association was unable to reach the landlord for years. She lives in a neighboring state (Massachusetts) and the property where I live is located in New Hampshire. She never answered her phone; she would let the mailbox be full so that nobody could leave her a message, including me and her other tenant! She never picked up certified mail sent to her, allowing it to be returned to the sender. The city wanted to take possession of the property last year because of two years worth of unpaid taxes. I received a letter in the mail notifying me that if the taxes were not paid in 30 days, she would lose the property. They also tried to reach her unsuccessfully for nearly a year! I had the cell phone number to a "friend" of hers who seems to do the dirty work for her. I passed it on to the city tax collector who said he would call me back in case he couldn't reach her. I am pretty sure that issue was resolved because I haven't heard from him since the incident in June 2013.

The condo association informed me a couple of days ago that they have a lien on the property. The realtor is coming by tomorrow and I have a feeling the landlord has not told him that. I only say this due to her actions in the past. Are those types of liens public record? Is she obligated to disclose to him that there is a lien on the property? I am afraid she is going to scre w person over. It wouldn't be the first time either apparently.

Thanks!
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Old 04-17-2014, 08:38 PM
 
Location: Salem, OR
15,528 posts, read 40,281,166 times
Reputation: 17407
Yes. It is public record. If the owner isn't honest upfront it will get picked up on the title report.
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Old 04-18-2014, 06:24 AM
 
8,556 posts, read 12,322,519 times
Reputation: 16457
Quote:
Originally Posted by Silverfall View Post
Yes. It is public record. If the owner isn't honest upfront it will get picked up on the title report.
Yep. If it's an actual lien, the title search will find it.
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Old 04-18-2014, 07:50 AM
 
Location: Austin
7,244 posts, read 21,743,263 times
Reputation: 10014
Yes, the title search will find it, but that's not usually done until you have a contract. There could be a disappointed buyer and lots of wasted time if it can't be sold because of the amount of the liens. Tell the agent to have title run before she lists it to make sure she wants to get involved. There is nothing wrong with telling her that. Don't go into details, just say there were past issues on taxes, and she should make sure they're caught up.
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Old 04-18-2014, 08:30 AM
 
4,567 posts, read 10,618,917 times
Reputation: 6725
Your just a tenant. Stop worrying about what the landlord does. Its possible the new owner will want you out, so I would start looking for a new house now. Dont get stuck scrambling for a new place.
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Old 04-18-2014, 10:32 AM
 
Location: Ocala, FL
6,418 posts, read 10,243,099 times
Reputation: 7814
Even if there is a lien on the property, it would be paid from the seller's proceeds at closing. As others already mentioned, it would be confirmed during the title process prior to closing.
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Old 04-18-2014, 05:01 PM
Status: "Made the Retirement Run in under 12 parsecs!!!" (set 15 days ago)
 
Location: Cary, NC
43,160 posts, read 76,751,962 times
Reputation: 45518
Quote:
Originally Posted by 399083453 View Post
Your just a tenant. Stop worrying about what the landlord does. Its possible the new owner will want you out, so I would start looking for a new house now. Dont get stuck scrambling for a new place.
Agreed.

And I would also not suggest blabbing to the agent about the lien. It isn't tenant business, either. As the tenant is not a principal, it just sounds like gossip. The agent will ask the seller about any potential title entanglements since that conversation is just part of the listing interview and agreement.
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