A lot with a house on it was seized earlier this year because one of the owners was using it to cook meth. Summary judgment was granted against this owner, with default judgments granted against the rest. Where do I go from here?
What is everyone else doing as far as selling and transferring title?
In my situation we ended up having an agreed order.....so, it might be a bit different.
I know you need to file your judgments with the county clerk where you filed your lis pendens.
After I did that, I gave all the documents to the agency that was awarded the property. They gave the documents to their city attorney's office. I don't know what happened after that.
You may want to contact a local title company and ask them what they will require to transfer title if you plan on a sale.
The Judgment and/or Judgments are filed with the County Clerk in the real property records where the lis pendens was filed at the beginning of the suit. That document effectively reflects as public record that title to the real property has transferred via a court proceeding. Ideally the Judgment(s) will set out a legal description of the property and clearly spell out the governmental entity to whom the property was awarded.
From that point, the governmental entity can legally sell the property.
On the two real properties we have sold, we filed the judgments with the county clerk and prepared deeds at the time of sale. One property had a very simple title history and we were able to sell it by warranty deed complete with a title policy. The other was an absolute mess including two owner finance repos and one transfer ordered by a Justice of the Peace when the JP granted a divorce to the then owners back in the 70's (no one involved in the divorce seemed to have a problem with that). Although I was confident that all the necesscary parties were served; we sold that by a quit claim deed.
We added the language "Let all writs necessary to enforcement of this Judgment issue" to our final judgment and had the District Clerk issue a writ of execution. The sheriff published the auction in the newspaper(sale on first Tuesday of the month) and sold it at auction. Gave the top bidder a sheriff's deed. I guess it might be a matter of inter-local agreement as to who should do the auction and who should sign the deed or conveyance.
Thanks for the help!
Has anyone tried selling real property using ebay?
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