Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...
shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."
There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan 10, 2018.
The former owners right of redemption has passed. Under 701.630. "If property is sold pursuant to this article, the lien under which it is sold, any liens subordinate thereto, and any state tax lien (as defined in Section 7162 of the Government Code) on the property sold are extinguished."
However, the Title Company is acting as if the junior liens were not extinguished and says we need to do a Quiet Title Action for our buyer to get clean title.
How do I avoid a Quiet Title Action and get the Title Company to issue a title policy to my buyer?
A: Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt you will be able to get a satisfactory answer to your question in this setting. There are too many variables which come into play, and anyone worth her salt will need to examine all your documents in order to get a good understanding of the background facts. Only with all the facts in hand can a good lawyer make an effort to analyze the applicable law and give you a considered opinion with alternative courses of action you might take. There are no simple or quick answers to your question.
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.