Posted by Gary (San Diego) on June 24, 2000 at 09:46:30:
Update: Title search revealed nothing except 1st and 2nd TD. I reinstated 1st and purchased 2nd. Owner did not file bankruptcy at my request (she was relieved). Now I have some follow-up questions:
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I understand how to transfer properties through a land trust and reassigning the beneficial interest. However, I’m not sure how this is done with a deed in lieu of foreclosure since the twist is that I’m the second lienholder. Please explain.
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Do I put this through an escrow? My concern that there are other intangibles in the deal (such as state required disclosures and other legal requirements) that I’m not aware of.
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Other than telling them to leave, what legal instrument do you use to get them out of the house.
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Should I have signed a contract to purchase in this case to bind her to sale? I’m concerned that she could sell the property to someone else before we actually transfer property to me especially now that I’ve cleared the first and purchased the second. I may have goofed here. I’m sure she won’t since the relationship so far has been excellent, but I’ve got to cover these bases.
Any other thoughts? Thanks for helping me on my very 1st deal.
Gary (San Diego)