abstract of support judgement!!!!!!!!


#1

I researched a property that had an abstract of support judgement recorded, example:John Doe on Jan 1,2001 before the property was purchased… The property was bought example:John T Doe May 1, 2004 and there is a FULL VALUE grant deed when it was recorded, and I am sure the first loan is foreclosing on the property. My question is, would that abstract of support judgement apply to this property even though that abstract of support judgment was recorded before the home was ever bought?? Also I am not sure of this this abstract of support judgement even applies to the property since the lien was recorded under a John Doe and the foreclosing loan is under John T Doe, there is a only an initial distinguishing there names. And I can not tell if that lien apply to John (T) Doe or not and I can not distinguish them?? Please help!!


#2

HI Mike,
If the Full Value Transfer was handled by Title Company (check to see if the Grant Deed has an escrow name and number) then it is likely that this support judgment was released. If the Full Value transfer appears to be done by a private party (they prepared and recorded their own grant deed) then that could be a big red flag.
This is when you want to have a great relationship with a Title Company. If you routinely use a particular title company ask then to review this history (maybe even offer to pay for a title search) and see if they can clear this lien. Although you were not a party to the sale you may want to try reaching out to the title company that recorded the Grant Deed. If you purchased the property and wanted to flip or buy title insurance it would probably be helpful to use that same title company. They will have the file on that property and if there is an issue with the release of lien they would have the supporting documentation which could allow them to insure around this matter.


#3

As Michelle said, the original title company would have something in their file showing that support payments were current at the time the loan was made. I don’t know if they record anything.