Monday, October 04, 2010

if you bought a foreclosed home and are concerned about recent news

“If a new homeowner’s title is challenged because of a faulty foreclosure, the title insurer may have an obligation to defend the challenge,” said Kurt Pfotenhauer, chief executive officer of ALTA. “However, it is unlikely that a court will take property from an innocent current homeowner and return it to a previous homeowner who failed to make payments on the loan subject to the foreclosure.”
Though laws may vary on a state by state basis, in general, the buyer of a property that has been through foreclosure has numerous defenses available to assure their continued ownership.
  • The alleged deficiency in the foreclosure process may not be accurate.
  • The alleged deficiency in the foreclosure process may not have harmed the previous owner.
  • The foreclosure judgment is a final court order. It is likely too late for a technical objection to the foreclosure process to be raised by the previous owner.
  • Because the new owner purchased in good faith, they may be protected under the law. 

Read more from ALTA here.

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