Q: Can the title company use a letter stating balance due on a lien and add it to the lien itself making me pay bill 2ce
Any liens that need to be satisfied by law have to be documented. The title company is trying to use a letter addressed to her the current balance due along with original code violation.. The title company is using the letter stating balance due and adding it to the liens to the original document.. It's just a letter stating the current balance is 3400calong with citation she's adding the 3400 to the citation.. Which is a criminal offence how to I proceed.
A:
You as a party in a real estate transaction should have an attorney to ensure that a proper lien search is done on the property. The holder of the lien should be asked for an estoppel letter to confirm the lien remains unpaid and the payoff amount, an old letter is never acceptable. From your question I cannot tell whether you are the buyer of seller, since normally the seller would be responsible for paying existing liens, but you are saying the other party is providing a letter addressed to her. What it says in the contract could modify who pays for what. Occasionally it is customary to collect more than the amount due to cover additional interest or fines that may accrue before the payoff on the date of closing is credited to pay off the lien.
I would suggest that you take the contract for sale and purchase and consult with a transactional real estate attorney in your area, who most likely will charge a whole lot less than the amounts they are quoting you as due, and who can assure that the terms of the contract are properly complied with.
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