Whitesboro, NY | May 29, 2010 1:49pm
we currently rent from my inlaws and we are looking to purchase but there might be back taxes or a lien on th eestate/property
Posted May 29, 2010 9:38pm
In general, any lien that attaches to property for undue taxes (income or property) must be recorded in the county records where the proprty resides. This is required so that any potential purchaser of the property may search the records and is put on notice that these past due amounts must be satisfied before title of the property may change hands free and clear. It also puts other claimants against the property on notice of prior claims and those with potentially greater priority.
To obtain information about the property, the county records would need to be searched. Many county recorder's offices now have websites that can be searched by either entering the PIN or address. If your particular county has not converted to an electronic system, you would need to physically go to the office and search the records. A title company could also perform this search on your behalf for
a fee and provide you with the findings. As the response above indicated, purchasing title insurance can protect you in the event that you purchase the property and an undiscovered lien is later revealed.
I recommend that you speak with a real estate attorney in your local area concerning this potential purchase. They are accustomed to ording title searches/insurance, handling such issues as part of a closing, and will know how to advise you accordingly. Any cost associated (which should be relatively minimal) will be well worth your protection in verifying and obtaining clear title.
Disclaimer: The above response is not intended to create, nor does it create, either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the states of Illinois and Michigan. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice.