quote:
Originally posted by Lucy
Keaaurich, There could be that tiny problem of clear title. There are other situations too I am sure.
Based on the postings it seems none of you guys ever bought properties at the tax sale. I did for myself, and my company represented a few clients there for a fee as well during the years. The title reports of all properties are on a large table as you walk in, so you have the opportunity to read them. You know exactly what you are buying. There are other "investigations" you can and certainly should do in advance. In addition, the following might help in regards to the title question:
"The County of Hawai`i, Real Property Tax Division (RPT), makes every effort to provide you with a free and clear title, however, it is not able to guarantee that. Therefore, you still purchase the property "as is" and may be required to clear all recorded liens on your own. The County has taken the following steps to help you in this matter:
* The County has ordered title reports and made every effort to put all owners and lienholders on notice of the pending tax foreclosure sale. Copies of the notices and return receipts of those notices are on file with RPT and you may purchase copies if necessary.
* The County published notices in the local and statewide newspapers to provide notice to the public of the pending sale.
* The County has adopted Section 19-42, Hawai`i County Code, which states that title in the tax deed shall be free and clear of all liens. To date, the County is unaware of any challenge to its ordinance, but issues this warning, "the constitutionality or legality of that section has not been decided by the courts".
* The County will attempt to eliminate all recorded liens (other than Federal) from the title for recording with the Bureau of Conveyance or Land Court. These do not include covenants, grants of easements or other encumbrances that run with the land."
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors
http://KonaBoardOfRealtors.info)