Q: I bought a vacant lot & owner did not disclose an existing lien. Do I have any recourse against him and his attorney?
I am approved to build a house on the property but we can't get a clear title. Previous owner owes $1400 in taxes and judgment lien is active.
A: A lien is recorded in the county recorder's office, and that public recording is deemed to give notice to any potential purchasers. If the seller gave a a warranty that there was no lien, then you might have a claim. But if seller said nothing, there was no requirement for seller to disclose it, since it was a public record. Typically, buyers obtain a title examination to check for title problems such as prior mortgages, liens, easements, and other encumbrances. A conveyance deed usually contains an exception for "matters of record." Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you.
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