I am looking at a property and the seller's agent told me the closing cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary? Does
a tax lien expire after 10 years?

Thanks,

MC

miamicuse wrote:
I am looking at a property and the seller's agent told me the closing cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary? Does
a tax lien expire after 10 years?

Thanks,

MC

Yes it does - unless an attempt to foreclose on the owners mortgage for
taxes owing was made at any time during the 10 year period. Don't
listen to the seller's agent - listen to your lawyer.

This would depend entirely on the law of the state that the home is located
in. You must ask a lawyer in that state.

--James--

i think it's a federal law

You have a Florida specific question.

You are dealing with the most significant investment you will ever make.

Get your advice from a Florida licensed lawyer who retain who specializes
in real estate.

The seller's agent owes you no "duty" and if the seller's agent's
explanation is wrong, you have no recourse.
Don't rely upon anything you get in a newsgroup.

--
Jim McLaughlin

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.
"miamicuse" wrote in message
news
I am looking at a property and the seller's agent told me the closing
cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but
the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary?
Does
a tax lien expire after 10 years?

Thanks,

MC

NO!

--
Jim McLaughlin

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.
wrote in message
oups.com...
i think it's a federal law

Talk to a tax or real estate attorney. It probably depends on the type of
lien, how much and to whom.


"miamicuse" wrote in message
news
I am looking at a property and the seller's agent told me the closing
cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but
the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary?
Does
a tax lien expire after 10 years?

Thanks,

MC

"Christian Fox" wrote in message
...
In article ,
says...
Does a tax lien expire after 10 years?

This will entirely depend on where the house is located, and what the tax
lien laws are.
Ignore what the realtor says, and talk to your lawyer to ensure that you
get the property
free and clear of any liens.

It is in Miami-Dade County Florida. But is this anything I should worry
about now, or is this normally I think something that is standard
procedure - I mean I would have to pay for a title search as a contingency
about securing a mortgage anyways and if for some reason the title does not
clear, the bank will not approve the loan and I should be free to walk
away - I think. So what I am wondering is, is there anything specific that
I need to worry about at the stage of written up an offer, assuming I write
it up with a contingency of getting a mortgage loan and right to inspect.

Thanks,

MC

Municipal tax laws are based on british common law with variations in Quebec
and, i beleiver, La. The tax lien is a slander on title which allows sale of
the lands but not what stands upon them after third notice. Third notice can
be served by a baliff or sheriff. Third notice is followed by tax sale to
the highest qualified bidder in a prescribed format at a set date of
reconning.
Why not just buy it as a tax sale? The municipality will issue a bill of
sale at time of acceptance which you deposit at the local land registry or
titles office.
For any canadians interested in buying such lands, take a look at digby land
sales in barrie, ontario. do a google!!!
"Jim McLaughlin" jim.mclaughlin wrote in message
...
You have a Florida specific question.

You are dealing with the most significant investment you will ever make.

Get your advice from a Florida licensed lawyer who retain who specializes
in real estate.

The seller's agent owes you no "duty" and if the seller's agent's
explanation is wrong, you have no recourse.
Don't rely upon anything you get in a newsgroup.

--
Jim McLaughlin

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.
"miamicuse" wrote in message
news
I am looking at a property and the seller's agent told me the closing
cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but
the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary?
Does
a tax lien expire after 10 years?

Thanks,

MC

"miamicuse" wrote in message
news
I am looking at a property and the seller's agent told me the closing
cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but
the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary?
Does
a tax lien expire after 10 years?

Thanks,

MC

I don't think I would want to purchase something that had to sit vacant for
six months before I could even close on it. Why isn't it possible to clear
up the tax lien at closing with the proceeds of the sale...sounds like
someone is trying to stiff the governemt for the amount of the tax lien.
Could backfire on them if someone vandalizes the house in the next six
months. And if the owner is in a nursing home, what's the possibility the
nursing home or some other public agency has a potential interest in the
home to pay nursing home costs....sounds like it could be more complicated
than the Realtor is letting on. Like others said...sounds like a lawyer
is needed if the house is that good a buy.

TG.

If you're trying to buy houses and turn them over for a profit, you need to
educate yourself about the laws in your state. You can't just listen to a
realtor. In my state, a 2nd lien expires after 5 years, but it can be easily
re-attached before it expires.

"miamicuse" wrote in message
news
I am looking at a property and the seller's agent told me the closing
cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but
the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary?
Does
a tax lien expire after 10 years?

Thanks,

MC

This is totally useless and irrelevant information. The guy lives in
Florida, and you give him advice about Canada, an entirely different country
!!!

Can't you even read ???


--James--

-------------------

Municipal tax laws are based on british common law with variations in Quebec
and, i beleiver, La. The tax lien is a slander on title which allows sale of
the lands but not what stands upon them after third notice. Third notice can
be served by a baliff or sheriff. Third notice is followed by tax sale to
the highest qualified bidder in a prescribed format at a set date of
reconning.
Why not just buy it as a tax sale? The municipality will issue a bill of
sale at time of acceptance which you deposit at the local land registry or
titles office.
For any canadians interested in buying such lands, take a look at digby land
sales in barrie, ontario. do a google!!!
"Jim McLaughlin" jim.mclaughlin wrote in message
...

wrote:
miamicuse wrote:
I am looking at a property and the seller's agent told me the closing cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary? Does
a tax lien expire after 10 years?

Thanks,

MC

Yes it does - unless an attempt to foreclose on the owners mortgage for
taxes owing was made at any time during the 10 year period. Don't
listen to the seller's agent - listen to your lawyer.

Although a tax lien is the most common, liens are not always for taxes.
He doesn't specify what the lien is for.

Harry K

On Fri, 6 Jan 2006 21:10:48 -0500, "miamicuse"
wrote:

I am looking at a property and the seller's agent told me the closing cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary? Does
a tax lien expire after 10 years?

Thanks,

MC



It is the sellers obligation to deliver a clear title. That should be
in any standard contract, make sure it is there before you move
forward. If the property is clouded by a lien you do not have a clear
title.

I once contracted for a property that had an egress restricting strip
that had both city and county tax liens, Had individuals who had
"bought" the property for delinquit taxes, required an application for
subdivision (usually has to be approved by all adjacent property
owners befoe a planning commission will approve). In my youthful
exhuberance, I attempted to get the necessary quitclaims and
agreements to clear the title and divide, even though it was the
sellers obligation. Three months, fifty phone calls, and several
meetings later, I gave up. As far as I know that title is still not
clear and this was thirty years ago.

Proceed with caution.

Frank

I think you can pretty much count on tax bills lasting forever.

The presence of a tax lien on this property doesn't mean that you can't buy
it now. What can be done, AFTER hiring a lawyer, you get the government
involved in the transfer, and as you buy the property from the current owner
the government takes your money, removes what it needs then gives whatever
is left, to the tax-deliquent seller. The tax bill is paid. The title
(assuming no other liens) is clear. Handled with a lawyer, this should be
no problem.

If the tax bill exceeds the purchase price, that's another problem.

Also, if the seller is "quite ederly and in a nursing home," remember the
old adage that it's difficult to get blood from a turnip! If all ends are
not tied up and you think the seller can be counted on to handle them,
remember the adage.

Chet


"miamicuse" wrote in message
news
I am looking at a property and the seller's agent told me the closing
cannot
happen until June 1 2006. It's a vacant house. When I asked why he said
the current owner is very old and in a nursing home and did not even know
there is a lien on the house, that he has sold the house once before but
the
title search came back with this and the deal fell through. He said it
should be OK because the 10 year anniversary is May 18 2006 so a June 1
closing date is realistic. What does this mean - 10 year anniversary?
Does
a tax lien expire after 10 years?

Thanks,

MC

"miamicuse" wrote in message
...
:
: "Christian Fox" wrote in message
: ...
: In article ,

: says...
: Does a tax lien expire after 10 years?
:
: This will entirely depend on where the house is located, and
what the tax
: lien laws are.
: Ignore what the realtor says, and talk to your lawyer to
ensure that you
: get the property
: free and clear of any liens.
:
: It is in Miami-Dade County Florida. But is this anything I
should worry
: about now, or is this normally I think something that is
standard
: procedure - I mean I would have to pay for a title search as a
contingency
: about securing a mortgage anyways and if for some reason the
title does not
: clear, the bank will not approve the loan and I should be free
to walk
: away - I think. So what I am wondering is, is there anything
specific that
: I need to worry about at the stage of written up an offer,
assuming I write
: it up with a contingency of getting a mortgage loan and right
to inspect.
:
: Thanks,
:
: MC
:
:
Earnest money

On Fri, 6 Jan 2006 22:11:43 -0500, "miamicuse"
wrote:

It is in Miami-Dade County Florida. But is this anything I should worry
about now, or is this normally I think something that is standard
procedure - I mean I would have to pay for a title search as a contingency
about securing a mortgage anyways and if for some reason the title does not
clear, the bank will not approve the loan and I should be free to walk
away - I think. So what I am wondering is, is there anything specific that
I need to worry about at the stage of written up an offer, assuming I write
it up with a contingency of getting a mortgage loan and right to inspect.

In Florida I used Lawyers. I haven't in years in Nevada. A good title
company, title insurance, etc. If you inherited the property; lets
say, the cloud would still be on the property. A clear title is
necessary in the end. The house I live in now required a court order,
and this was the day of closing. The court was in California, but one
of the owners was not mentally capable, both were in Nevada. The title
company's lawyer missed this point so the closing could not occur
until the court ruled to allow the co-owner (spouse BTW) to close the
deal and record a new title.


Oren
"My doctor says I have a malformed public-duty gland
and a natural deficiency in moral fiber, and that I am therefore
excused from saving Universes."

miamicuse wrote:
"Christian Fox" wrote in message
...
In article ,
says...
Does a tax lien expire after 10 years?

This will entirely depend on where the house is located, and what
the tax lien laws are. Ignore what the realtor says, and talk to
your lawyer to ensure that you get the property free and clear of
any liens.

It is in Miami-Dade County Florida. But is this anything I should
worry about now, or is this normally I think something that is
standard procedure - I mean I would have to pay for a title search as
a contingency about securing a mortgage anyways and if for some
reason the title does not clear, the bank will not approve the loan
and I should be free to walk away - I think. So what I am wondering
is, is there anything specific that I need to worry about at the
stage of written up an offer, assuming I write it up with a
contingency of getting a mortgage loan and right to inspect.

Title insurance. Title insurance. Title insurance. The good kind.