Question:

Should I hire a real estate lawyer if the title is what the problem is?

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I bought a foreclosed home through an auction house. It was suppose to have a clear title- that's the whole reason of using the auction house. So the title is not cleared, closing gets pushed back and it's been a month and still nothing has been fixed or cleared! Should I hire my own lawyer or is it the type of situation where a lawyer can't do anything? I desperately want this home- it's perfect for us and it's the perfect price.

I don't know what to do!

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4 ANSWERS


  1. sometimes it takes more than one month to clear title.  It doesn't mean someone else will get the property, but you do want it to be clear, don't you?

    Waiting can be frustrating.   I am sure the lender wants this to happen as much as you do.


  2. If you bought it at auction, you have to buy it no matter what... that's why a lot of people recommend not buying auction foreclosures.  You can never tell exactly what the property is like or the lien history.

    You can hire a lawyer, but you'll be legally obligated to buy the house no matter what.  If you back out, they'll come after you for losses, especially if they sell the house for less if they have to re-auction it.  You'll also lose your deposit.

  3. Find a good lawyer who is versed in land title law.  

  4. FORECLOSURES JUST TAKE TIME AS ALL WHO HAVE A VESTED INTEREST HAVE TO SIGN OFF ESPECIALLY IF THERE WAS A SECOND LIEN HOLDER. THE BIDDING PERIOD MAY NOT BE OVER.

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