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Is it legal to sell a foreclosed property in Massachusetts that has a cloud on the title by using a quit claim deed?
Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.
A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.
Caveat emptor!
Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.
A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.
Caveat emptor!
Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.
A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.
Caveat emptor!
Yes. In Massachusetts, and most other jurisdictions, it is up to the buyer to have the title examined in order to disclose any title defects. A buyer in such a case who didn't have the title examined would have to sue the bank and provide evidence the bank knew of the title defect. The chances of prevailing would be slim since the title status was available to the buyer by examining the land records and the bank simply quitclaimed its interest. You need to consult with an attorney.
A quitclaim deed does not guarantee the seller has good title it simply transfers whatever title the grantor may own. Purchasing property at a foreclosure sale is extremely risky. All foreclosure deeds are quitclaim deeds.
Caveat emptor!
What else can I help you with?
How do you sue your title insurance company for not finding a cloud on your title?
You file a claim with the title agency as to the disbute. Remember, only pre-existing conditions up to the date you purchased the property would be covered and you need to check your Owner's Policy to see if the issue you are concerned about was covered or excepted from coverage on your Policy before you file a claim. If the "cloud" is something that came about AFTER you purchased the property, it would not be covered.
How do you respond to a Quiet Title?
An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land). The plaintiff in a quiet title action seeks a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actions are necessary because real estate may change hands often, and it is not always easy to determine who has title to the property. A quiet title suit is also called a suit to remove a cloud. A cloud is any claim or potential claim to ownership of the property. The cloud can be a claim of full ownership of the property or a claim of partial ownership, such as a lien in an amount that does not exceed the value of the property. A title to real property is clouded if the plaintiff, as the buyer or recipient of real estate, might have to defend her full ownership of the property in court against some party in the future. A landowner may bring a quiet title action regardless of whether the respondent is asserting a present right to gain possession of the premises.
What is a uDrive?
It is a type of "cloud storage" network drive supported by the University of Massachusetts Amherst.
Can conveyancing software be used in a cloud interface?
Conveyancing software can be used in a cloud interface as long as there is a software agreement. But there is legal and intellectual property issues on cloud services as well.
How do you correct a cloud in the property title?
Depends on what the lien is for. It has to be satisfied and released by them-usually with money.
Where does charlie st. cloud take place?
"Charlie St. Cloud" takes place in the fictional town of Marblehead, Massachusetts. The story surrounds the main character, Charlie St. Cloud, who has a deep connection with his late younger brother, Sam.
Can a recorded quitclaim deed create a cloud on title thereby preventing a foreclosure action?
If you're asking if the defaulting mortgagor can stop the foreclosure by executing a deed and conveying the property the answer is no. To execute a deed wouldn't create a cloud on the property. The property would be transferred subject to the mortgage and the lender can continue with the foreclosure by giving notice to the grantee.
How does a funnel cloud effect humans?
A sighting of a funnel cloud can prompt a tornado warning. If the funnel cloud reaches the ground it becomes a tornado, and can be very destructive to human property and pose a threat to the lives and well-being of the people in its path.
Who invented the flying cloud?
The Flying Cloud was a clipper ship designed by Donald McKay and built in 1851 in Boston, Massachusetts. It was known for its fast speeds and set multiple transatlantic records during its time in service.
What is a funnel cloud that touches the cloud?
A funnel cloud that touches the ground becomes a tornado. It is the result of a rotating column of air extending from a thunderstorm cloud to the ground. Tornadoes can cause significant damage and pose a serious threat to life and property.
What is an electrical discharge between parts of a cloud or between a cloud and the ground?
An electrical discharge between parts of a cloud or between a cloud and the ground is known as lightning. It occurs due to the buildup and release of electrical energy in the atmosphere during a thunderstorm. Lightning can be dangerous and cause fires, damage to property, and injuries to living beings.
Is there a hole in the oort cloud when nibiru passes through it?
There is no scientific evidence to support the claim of a planet-sized object like "Nibiru" passing through the Oort Cloud. The Oort Cloud is a theoretical region of space beyond the planets, containing icy bodies, comets, and debris. It is highly unlikely that such an event would create a hole in the Oort Cloud.
