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Fred Griffin Florida Real Estate, Licensed Florida Real Estate Broker (Fred Griffin Real Estate)

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Rainmaker
5,104,931
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I good title search should identify issues that might keep a home from transferring ownership. If for some reason it's not found, an enhanced title insurance policy should cover a buyer. 

Sep 28, 2016 10:12 PM
Rainmaker
1,231,853
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Never had an issue like that one you described Fred Griffin 

Sep 28, 2016 11:24 AM
Ambassador
3,345,091
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I am with Nina Hollander on this.  I was in a contract with an agent who has since lost his license and is being sued by an investor for the $6M the agent embezzled. And there is a laundry list of over 35 contractors who are also suing the agent who failed to pay the contractors who did the work on his property flips ... Agents was a Mr. Flip It TV Star .... 

Thankfully, we closed and my client was not harmed.  

Sep 29, 2016 03:17 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Mary Yonkers nailed this one!

Sep 28, 2016 08:57 PM
Rainmaker
637,434
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

If the title search finds a lis pendens against the property. Or a recorded lien. Otherwise that might be one of those exceptions in the title search? Haven't met one of those in my years in  business.

Sep 28, 2016 07:41 AM
Rainmaker
1,712,676
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

In Oklahoma City, the title companies will not close a deal even if it is cash without full title insurance which should reveal any pending lawsuit. On the otherhand, Florda really seems like a buyer beware real estate state.

Oct 20, 2016 09:34 AM
Ambassador
6,393,609
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Good question Fred, I suspect that the judge would be more likely to reverse a sale if the judge suspects a relationshop between the buyer and seller.

Sep 29, 2016 08:08 AM
Rainmaker
1,502,998
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

That I have no idea about!  That would be an awesome question for a title rep.

Sep 29, 2016 03:54 AM
Rainmaker
1,725,996
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

There can be a gap period if the transfer was recent. Another reason for judical nullification. Never happended to us; thankfully!

Sep 29, 2016 12:26 AM
Rainer
232,019
Jessie Cochran
Counts Real Estate Group, Inc. - Panama City, FL
Panama City Realty Group

parked and reading - interesting issue though

Sep 28, 2016 11:57 PM
Rainmaker
2,781,173
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

If Lis Pendis is filed it would....

Sep 28, 2016 11:56 PM
Rainmaker
989,652
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Not a lawyer or a title expert myself, so I leave that to them

Sep 28, 2016 11:31 PM
Rainmaker
4,572,283
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Scary stuff.  Fortunately, i haven't encountered any of the situations you describe.  

Sep 28, 2016 11:06 PM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thanks for sharing.

Sep 28, 2016 09:22 PM
Rainmaker
7,836,419
Roy Kelley
Retired - Gaithersburg, MD

Always opt for title insurance protection.

Sep 28, 2016 08:04 PM
Rainmaker
1,157,785
FN LN
Toronto, ON

In my province, a real estate lawyer should be able to answer this query.

Sep 28, 2016 05:09 PM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Fred Griffin thank God, I have never come across such seller!

I am sure there will be some clue to the attorney handling the sale.

Sep 28, 2016 03:42 PM
Ambassador
3,164,294
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I don't think a pending suit is something that my title abstractor would miss.

Sep 28, 2016 02:56 PM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Title insurance covers alot of things in diffetent states and each state is different

Sep 28, 2016 01:25 PM
Ambassador
3,727,873
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

Fred, I'm wondering why the title insurance company would even offer title insurance on one of these properties.

Sep 28, 2016 10:21 AM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I don't think they show up in our Tennessee searches and don't know how the law reads. I guess I need to ask an attorney.

Sep 28, 2016 09:32 AM
Rainmaker
1,844,301
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

In IL I believe yes as I've heard questions about it before closing to the buyers. Mostly with common last names.

I'm not sure I fully understand why someone can't sell something prior to a lawsuit? It's after the lawsuit that it might be considered fraud.

Sep 28, 2016 09:03 AM