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About Errica Cook
Expertise
I can answer any questions regarding buying or selling real estate in California. I can also answer questions about becoming a real estate agent in the state.

Experience
I have been selling and training new agents here since 2002.

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PWAOR, CAR, NAR

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none required

 
   

You are here:  Experts > Cities/Towns > California > Real Estate: California > Can't find Leinholder

Topic: Real Estate: California



Expert: Errica Cook
Date: 5/23/2008
Subject: Can't find Leinholder

Question
I am in the process of buying a manufactured home in San Diego. Escrow was due to close a week ago but the realtor called the day before and said they couldn't find the leinholder(private person, not a corporation) that the seller still owed money to, to be able to find out the pay off. I have paid cash for the home and it is all in an escrow account. I have also signed a lease aggrement with the manufactured home park, which the realtor told me to do even though we knew the leinholder couldn't be found. So, I am sitting here waiting to move in, currently staying with parents after the death of my husband, any longer and I will have to pay the rent at the park and not even live there. What can I do? Anyway to move in before escrow closes? Just feel I have held up to my end and now I am getting nothing for it. I even helped to pay for some repairs the park required before the seller was allowed to hand over the keys. What do I do now?

Answer
Unfortunately you really can't do anything right now.  Until the lein holder is found and paid off you can't complete the purchase.  Although you might be able to work something out and take possesion prior to the close of escrow, you really don't want to go that route. In the event that you can't find the lein holder any repairs, modifcations or alterations that you make to the home would be wasted money since the place isn't yours.

As far as the park goes, I would try to explain the situation to them and since you aren't the owner maybe you have some recourse.  But I have a feeling that they won't care about that, they just want to get paid.

It sounds like your agent may have given you bad advice, so I would try talking to the escrow company and see what the recommend.  They've seen this happen before.

Good luck.

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