The listing says clear title, preliminary shows a second deed of trust and a tax lien
I'm under contract on a bank-owned 3/2 at 179k, listed by a brokerage handling it for the servicer. Reading the preliminary title report twice, which is my habit, and I have two things that don't match the marketing.
Item 6 is a deed of trust recorded 2021 for 41,500, no reconveyance shown. Item 9 is a state tax lien against a person with the same last name as the former owner, recorded 2019, amount 6,780. Schedule B carries both as exceptions. The listing remarks say "clear title, seller conveys by special warranty deed."
What I understand: the trustee's sale that gave the bank title generally cuts off liens junior to the foreclosing lien, and a junior deed of trust that stayed of record is often just an uncanceled record rather than a live claim. What I don't understand:
- If the sale extinguished item 6, why is the title company holding it as an exception instead of removing it? Is that normal cleanup that happens before close, or is it a signal that they can't confirm the junior was properly noticed?
- Some liens survive foreclosure depending on type and on state procedure. Where does a state tax lien sit, and does it matter that it's against a person rather than the property?
- Special warranty deed means the seller only warrants against claims arising during its own ownership. So the pre-foreclosure period is on me and on the policy. Is that standard on REO, and does it change what endorsements I should be asking for?
The decision in front of me is whether to push the title company for removal of both exceptions as a condition of closing, ask the seller for a price reduction to cover the tax lien amount, or walk. Contingency ends in nine days and I'm told the servicer does not negotiate title after the fact.