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Go Back   Mortgage Forums for Mortgage Brokers > General > The Water Cooler

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Old 12-11-2006, 11:38 PM
IPLarry IPLarry is offline
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Join Date: Dec 2006
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Sellers financial obligation

I purchased a property including a house and 7 acres. The previous owner contracted to sell timber from

his land as he was needing money. He was paid by the lumber mill for a certain amount of timber, some of

which was taken. He told the lumber company that once the house sells the new owners would assume

financial obligations to pay back funds to the lumber mill. They did take some lumber from the property,

but vacated the property before taking what was contracted, knowing the seller was near foreclosure.

We as buyers refused to take on this financial responsiblity and proceeded to closing. Closing was

finalized, no clouds, and clear title was issued. Now 8 months after closing the lumber mill is demanding

their money from me. Since I did not enter into any contract with the lumber mill, are there any

obligations on my part, or since the closing was completed is this matter closed?

Thank you
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Old 12-12-2006, 08:09 PM
florida man florida man is offline
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Join Date: Feb 2006
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florida man has a spectacular aura about
hi
i am no master in contract or real estate law.

However, my belief is that if there was no lien on the title , and no signed arrangement by the seller to satisfy the contract, then the lumber company is out of luck.

The lumber company may have a 'claim against property' -however, when the owner signed the deed over to you - he was guaranteeing it was clear. I assume that you purchase title insurance in any event.

If the has a problem now, it will be with the previous owner, and if not -your title insurance should resolve any previous claims against your land

thats my layman opinion, but you should contact an attorney.
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