Q: Our house we are selling is set to close in 9 days. Title company called and said there are judgement liens in our hous
Can we back out of the contract to sell it as we had no idea about the judgement liens..?? This is in Texas
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A: If you are not getting certified funds for the full contract price, then do not execute the warranty deed with the encumbrances annotated thereon. Duty to convey merchantable title benefits the buyer not the seller, but you can still demand the contract price for your signature. Then the grantees take subject to the liens, and it is their problem although the judgment debtors are still personally liable for the life of the Judgments. Hire a competent TX attorney to represent you at closing.
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