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Scenario: Seller has a lien against his name and several mortgages to clear off title. Sells property, lets buyer move in but cannot give title due to the judge not being able to hear the claim in court in time for the closing date. Buyer's lawyer holds the funds. Seller goes to court but the judge refuses to list (what I am not sure of, but I expect it would be the lien).
The Seller wants to make a deal whereby the Buyer will have to sue someone.
Buyer said he needed to speak to his lawyer. My question is; if the lien is against the Seller's name and the judge refuses to include the lien in the debt against the house will the Buyer have the right to close the deal and let the Seller take the lien debt or is it not possible for the deal to close as long as there is a lien against the Seller. Thanks.
Your Question is confusing as to whether there is a valid encumbrance against the title or not. The Buyers should check with their lawyer to see if there is enough money in the deal so that it can be completed. That, however, may mean that there is not enough to pay any commissions.
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