- April 25, 2019
- Posted by: admin
- Categories: Client Question, Real Estate Post
This is a helpful article about vesting deeds and vested ownership. This client exchange explains how legal vesting works.
Client question:
To Whom It May Concern:
I understand that there are a number of liens against the property but I do not see any listed on this report. I thought this report would include outstanding liens per your subject title. Is this not the case?
Thanks,
Ronald
Answer:
Yes, if recorded and indexed with the county recorder’s office, courts, and clerks’ office. I’m going to forward this to the Abstract Department for a second review.
Hello, attached is a list of record results for the current owner’s name in King county Wa.
Thank you,
Cameron S.
Customer support team
Client response:
Sorry to reach out again, but this report does not seem correct. This property is jointly owned by Ben Hayes and Achim Sauer and their respective spouses. Mr. Sauer is divorced and my understanding is his wife Karen is one of the lien holders on the property. My understanding is that all of the liens against the property are against Mr. Achim Sauer. Can you please check again.
Thank you,
Ronald
Answer:
As a follow-up to my last email please note that, depending on the county and state, not all personal judgments will show up on a property lien report even though they may affect the property. It also depends how each document is filed/recorded and on a given state’s laws.
This is why we recommend to clients the Property/Owner Lien Report (versus the Property Lien Report). The Owner Profile Report lists bankruptcies and personal judgments which may or may not affect a given property depending on the state (but usually does).
Please let us know if you have additional questions or need more information. Since we do not provide legal advice or recommendations, it is important to direct all legal questions to a licensed attorney. If you need a referral, please let us know as we have preferred attorneys in each U.S. city.
Thank you,
Jeannie B.
Customer support team
Follow up:
Thank you, Mark. It appears from the attached deed that all four individuals are vested owners. I will contact the county recorder about the data entry error.
On another note, if the Sauers divorced and assuming that Achim’s ownership interest was transferred to Karen in the divorce decree and that the decree was recorded, the recorded decree may have the legal effect of transferring title out of Achim’s name, even though a new deed was not executed and depending on the circumstances and relevant Washington statutes.
Also, the client may want to review closely the bankruptcy filing dates vs. the judgment lien dates to determine whether the judgment lien(s) affect the subject property. By copy of this email, I am suggesting that the client consult with an attorney to clarify the foregoing issues.
Thank you,
Jeannie B.
Customer support team
Follow up:
As a follow-up to my last email please note that, depending on the county and state, not all personal judgments will show up on a property lien report even though they may affect the property. It also depends how each document is filed/recorded and on a given state’s laws.
This is why we recommend to clients the Property/Owner Lien Report (versus the Property Lien Report). The Owner Profile Report lists bankruptcies and personal judgments which may or may not affect a given property depending on the state (but usually does).
Please let us know if you have additional questions or need more information. Since we do not provide legal advice or recommendations, it is important to direct all legal questions to a licensed attorney. If you need a referral, please let us know as we have preferred attorneys in each U.S. city.
Thank you,
Jeannie B.
Customer support team