If you have been watching the news lately (<—– shoot yourself – just kidding), then you probably have noticed that politics are dominating the media lately – and everyone has an opinion on one lady in particular: Sarah Palin. Now, before you groan, moan and close this blog post, wait one second – this is not a post about politics. However, it is a post about just how important it is to make sure that your investment properties – and your own residence for that matter – have clear title before you buy them.
Here’s what happened:
Sarah Palin (former vice-presidential nominee and Tea Party activist), purchased a house from an investor. The property is in Scottsdale, Arizona. Palin bought the company through an investment firm. The firm purchased the property from a real estate investor who had bought the property as a short sale a year earlier. Sometime earlier in the property’s history – before Palin, her investment company or the investor who bought the property at short sale ever became involved – the house was involved in a foreclosure that was associated with two fraudulent, robo-signer signatures. Now, the legitimacy of the chain of title is in question and it’s unclear just exactly who all might have rights to that property.
Now, what does this have to do with politics? Absolutely nothing. It’s a pitfall that can affect anyone who is involved in buying – and selling – foreclosures. And with more and more lenders coming under fire for robo-signing in their foreclosure departments, you really have to be careful that you have purchased a property with clear title and good title insurance.
So, what can you do to help insure that properties you are buying and selling do not end up tangled in this robo-signer mess?
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Well, you can’t be sure. There was a lot of “sketchy” stuff going on and it hasn’t all come to light yet. However, you can protect yourself by:
1. Making sure that you have done your due diligence;
2. Making sure that your contract protects you in the event that a problem arises (have a real estate attorney construct the language for you so that you are effectively “written out” once you assign the contract); and
3. Buying title insurance! If they won’t insure it, then you shouldn’t buy it. I don’t care how good a deal it is. If the title company is scared, then you should be too.
Robo-signers and foreclosure fraudsters should not make you afraid to buy and sell foreclosures. However, you do need to make sure that your interests are protected in order to do it safely and profitably.
Any “horror stories” with title that you can share with us so we can learn from your experience…?