Q: Does the deed for a property say if there's a mortgage against it
Buying mother in-laws house ,copy of deed shows a transfer from his 2 sisters to parents with no lien against it ,the house has never been in sisters names and has always had a lien against it-- iv been paying the payments on this property for about 8 months I now have the money to pay it off ,I wanted to get the new deed drawn up and signed before I pay it off so we got a copy of the deed from the deed office and I'm just confused because the mom and dad have had the mortgage for years it's never been in anyone elses name my understanding is if property has a mortgage the deed has to be in the same name as on the mortgage ,I'm just trying to figure out what's going on before I pay the last $10,000 on it
A: You should NOT rely on statements contained in the deed. The proper way to make sure you obtain clear title to the property is to have an experienced lawyer perform a title examination ( and maybe even "title insurance").
Anthony M. Avery and Paul E. Tennison agree with this answer
A: Sometimes a Warranty Deed will disclose a Deed of Trust Encumbrance, but you should always do a title search. It is possible to have Sale Terms constituting a Lien on the fact of the Deed, but this practice is not common since about WWII in Tennessee. Your question is ambiguous as you state no liens, and then say there has a;ways been a lien. Again, you must perform a Title Search.
Paul E. Tennison agrees with this answer
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.
