一个房子HOA在卖，他们说他们有clear title，但是实际上是 quit claim deed，有两个Line在title上，虽然2021年最终的法庭已经取消了这些LINE，可是title没有换，
In July 2008, US Bank initiated a foreclosure action to foreclose on the leasehold interest because the owners of that interest had failed to pay the payments on the US Bank mortgage. US Bank obtained a foreclosure decree and then obtained a stay of the case and then lender’s counsel withdrew from the case in 2015. Nothing has been filed since then and the case remains dormant. While we would ordinarily call US Bank’s attorney, they no longer have counsel in that case and we don’t know who is their current counsel.
In July 2020, PHCA moved to terminate the leasehold interest so it could then sell the fee free and clear of the leasehold interest and US Bank’s encumbrances on that interest. The final judgment was granted in favor of PHCA and against US Bank and the prior owners thus wiping out the leasehold interest and thus, also wiping out US Bank’s mortgage interest on that leasehold. The final judgment that we filed in Land Court memorializes this fact. However, because US Bank never completed the 2008 foreclosure and never released the NOPA regarding that case or the mortgage that was filed on title to the leasehold interest, First American is not willing to guarantee that Land Court won’t subsequently show that mortgage and that NOPA on the new buyer’s TCT when it’s issued in the future. While they admit “although the chance might be small”, it is still a concern for them. I explained that I did not understand how that could happen since the interest on which the mortgage and NOPA were attached has now been terminated and since US Bank never had an interest in the fee and that is the only interest that still exists today. They, nonetheless, will not change their mind. There is nothing further we can do at this point.
If Land Court did place the US Bank mortgage and NOPA on the new TCT, you would have to file an action in Land Court to have it removed on the grounds that the interest to which that mortgage and NOPA pertain no longer exists because it was terminated by our final judgment. A sophisticated buyer—or one represented by counsel, should understand this.