Free Legal Advice, or alternatively, I May be Going to Hell
I'll just throw this one out there - I foreclosed on a church today.
Let that sink in for a second.
But here's what happened: Borrower owned two rather large pieces of land, tract 1 and tract 2. He intends (he claims) to take out a mortgage on tract 1, but "inadvertently" (that's yet to be determined) takes out the mortgage on tract 2. Then, either out of the goodness of his heart or because of some sweet tax write-off, he sells tract 2 to a local church for a nominal sum - $10 for the entire parcel if I'm not mistaken.
Years go by. The church builds a brand-spankin'-new fellowship hall on the land, all the while being clueless to the fact that their property is securing a debt of its former owner. So guess what happens when Borrower defaults on his payments?
That's right - the bank is free to pursue a foreclosure action against the subject property, which according to publicly recorded documents is not tract 1, but instead tract 2. Borrower? Doesn't lose much but his credit rating. The church? Basically screwed. The person presenting this evidence at the foreclosure hearing? Me, of course.
So here's the moral of the story - ALWAYS GET A TITLE SEARCH!!! If you buy land, if you receive land as a gift, if your Great Aunt dies and leaves you some land in her will - GET IT SEARCHED! Who knows what kind of crazy mortgages or liens or back taxes are out there.
If the bank won't back off from a church, it sure as hell won't back off from you.
Now pardon me while I go kick some puppies....
Let that sink in for a second.
But here's what happened: Borrower owned two rather large pieces of land, tract 1 and tract 2. He intends (he claims) to take out a mortgage on tract 1, but "inadvertently" (that's yet to be determined) takes out the mortgage on tract 2. Then, either out of the goodness of his heart or because of some sweet tax write-off, he sells tract 2 to a local church for a nominal sum - $10 for the entire parcel if I'm not mistaken.
Years go by. The church builds a brand-spankin'-new fellowship hall on the land, all the while being clueless to the fact that their property is securing a debt of its former owner. So guess what happens when Borrower defaults on his payments?
That's right - the bank is free to pursue a foreclosure action against the subject property, which according to publicly recorded documents is not tract 1, but instead tract 2. Borrower? Doesn't lose much but his credit rating. The church? Basically screwed. The person presenting this evidence at the foreclosure hearing? Me, of course.
So here's the moral of the story - ALWAYS GET A TITLE SEARCH!!! If you buy land, if you receive land as a gift, if your Great Aunt dies and leaves you some land in her will - GET IT SEARCHED! Who knows what kind of crazy mortgages or liens or back taxes are out there.
If the bank won't back off from a church, it sure as hell won't back off from you.
Now pardon me while I go kick some puppies....
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