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Contract To Purchase vs Quit Claim Deed

Contract To Purchase vs Quit Claim Deed

Owner offered to sell property purchased at a Sheriff's Sale to avoid Code Enforcement Inspection. Agreed to purchase property. Was renting for six years. Recorder office did not change ownership as seller wanted nothing to do with property stated he wanted us to have the property. Owner signed quit claim deed. Three years later, I applied for a loan finds out owner has a lien dated before Contract to Purchase or Quit Claim Deed was signed. Property has a Trust Deed dated 1983. Inforrned seller of problem with title and lien. Seller denied property has title or lien. I Stopped payments. Seller filed a Summons in Forcible Entry and Detainer. What are my option if any?


louiseharrisc58's picture
louiseharrisc58
27-12-2011

12 Answers
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Hi louisie, You need to contact an attorney and discuss your situation with him. When you purchased the property, didn't you go for a lien check? Anyways, now that you're facing the problem, the attorney will help you in finding whether or not the property has a lien on it. The attorney will help you decide whether or not the seller is right to file Summons in Forcible Entry and Detainer.

adonis | Asked on 2011-12-27


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Thanks for your comment.  I did check.  This lien occurred  while I was renting.  I was paying until I found out the city was improperly bill me and not the owner.  I stopped paying, however city kept billing me. I tried to get owner to pay they refused.  City was going to stop service when owner became ill and in hospital. I paid half of bill in lieu of rent.  Owner did not pay this bill, I later filed bankruptcy including this debt. A few years later owner offered this property to me code enforcement wanted to inspect home so he come up with the plan to keep the city from taken the property to sell to me. I later finds out this lien is still unpaid.  I feel owner was not honest and the contract says there are no liens and title is clear.  I will see an attorney asap.

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