Re: Something to look out for (long) - Posted by Ronald * Starr(in No CA)
Posted by Ronald * Starr(in No CA) on July 17, 2003 at 24:14:05:
I do not understand your comment about “Lesson to be learned: Unless your county allows you to do a title search using property info (mine is a grantor/grantee search only) you might miss something.”
I do much research in grantor/grantee index recorders records. That is the norm here in CA. However, if I were researching the current property owner before I recorded my deed, I would find all documents recorded in the owner’s name prior to todays recordings. If I were in your situation, I would not find the other investor cloud on the title, as it would not exist before I recorded my deed.
If one wanted to be absolutely sure nothing were recorded before you from the owner on the day that you record your deed from the owner, you should be the first one in the line when the recorder or clerk’s office opens, so you can be the first person to record that day. Run a quick check on the grantor/grantee index before recording to be sure that nothing was recorded late the day before.
It seems to me that the title company is the bad actor here. Did you show them the proof that your deed was recorded befored ths supposed cloud on the title? If so, that should have settled the matter. If you did show them and they still insisted on clearing the cloud off, I think I would have indemnified the buyer that there would be no problem with that person and his supposed interest in the property. There would not have been anything he could do once you transfered ownership to your buyer, in my opinion.
This is just my personal opinon, of course. I have not checked with an attorney before, or after, rendering this decision.
Good Investing*********Ron Starr***************