Q: Is their recourse for a property that went under contract without knowing there was a second lien on it?
Fannie Mae listed the property, we went into a contract, my settlement attorney found a second lien, and they have been unable to clear it. Now, our contract expired, and I am homeless with my family.
A: It depends on what the contract says. If it is a standard MAR contract, you have the rights to cancel if good title cannot be passed, as in this case. Alternately, if the seller will set aside sufficient money from the settlement funds to clear the lien, you might still have settled. Your settlement attorney should be advising you on this stuff.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
