I working on a deal here in Chicago, IL . The original owner/seller has 4 properties and he’s has some liens against 2 of them. The city wants us to pay off the liens for other properties in order to buy the one that do not have liens. There is a judgement against the owner and the lien is against another property(A multi-unit). If we quit claim the deed out of his name(For the house we want to buy) will the lien still attach itself against the property?
Short and Simple answer is YES the liens will remain on title.
Thanks Bill we are actually trying negotiate with the city now.
Yep…it will happen when you take title in your personal name. If you were successful in dealing with the city, make sure you have the properties in an LLC or, better yet, separate Land Trusts.
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sorry for delay but short answer is yes
Would anyone ever quitclaim them into separate trusts like alexander_fl suggested and wait for the liens to drop off? (if you’re planning on keeping them long term). If they turn the liens into judgments, won’t they have to be attached to the original owner’s name?
I know some use the 2nd LLC(to foreclose on yourself) method and offer to negotiate the liens for a fraction otherwise “the properties” get foreclosed and they get $0.
There’s a lot going on here so it’s uncertain how to proceed.
What is certain is that there are specific statutes that deal with every aspect of this potential transaction. The kind of lien matters since some liens never expire. Typically, a lien from one property (for like utilities or taxes) stays with that one property. Also, typically, you can sell properties with liens and don’t require the approval of anyone to do so, particularly the city.
Property matters are county, not city things.
So, what you need is a complete understanding of what’s involved, who’s involved, and what the law says about how these issues are to be handled. You have rights and you should use them.
For instance, if the judgment is against the seller, buying his property won’t become a judgment against you (but it may still attach to the property). Judgments don’t typically attach to homestead properties. Do you know if this is considered homestead and what rights go with it, if so?
So, there’s a bunch of sorting out to do, first and foremost. HOWEVER, don’t spend a moment trying to figure this thing out until you have the properties under contract. You don’t want to get it all figured out and then find out he doesn’t want to sell anymore. Your first step in every transaction is to get it under contract, then (and only then) do your homework.
Mr Kaiser! This is Jaime Farias< I have your program and we emailed not too long ago…I was thinking this forum was abandoned as I came in to look at John Behle’s old stuff and I find you on here! lol…Good to see you sir. It’s unfortunate that so few are on here to see what genius Mr Kaiser brings. I’m still trying to figure out how you attach a mortgage to a property before auction to gain priority over all liens in Tx…lol. Well, I kinda know but haven’t taken action in Real estate, but will start around september.