Buyer concerned although title company is stating lien on property would not attach and they would insure !

UPDATED: Jun 8, 2009

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Buyer concerned although title company is stating lien on property would not attach and they would insure !

Seller declared bankruptcy in 1995 Dec 12 2:42 pm in bankruptcy court in Eastern VA (Alexandria VA) and $56K debt was discharged in May 1996. However creditor filed a lien in 1995 Dec 12 4:30 with the land records in Fairfax circuit court. Title insurance is willing to insure the title without exceptions in view of this stating that the judgement lien with land records in Fairfax circuit court will not attach to this property bought in 2000. However they are not answering if clearly if the title would be clean. Need some help from bankruptcy/real estate lawyer.Also in land records on the same judgement lien there is $11K interest post judgement attorney fee. Even though the $56K debt may be discharged, should I be concerned with attorney fee part on the same judgement?Help is very much appreciated.

Asked on June 8, 2009 under Real Estate Law, Virginia


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I have always recommended that if you are buying real estate, you should have an attorney handle the transaction for you, because there are too many ways to make a mistake, and those mistakes are usually expensive.  One place to find a qualified lawyer is our website,

I'm not a Virginia attorney, but the whole purpose of title insurance is to protect you against problems like the seller's old liens and judgments.  If the title insurance policy is issued without exceptions, than any claim from something that showed up on the search will be the title insurance company's problem.  It's the exceptions you have to be concerned with -- and if the lender isn't worried, that's usually a pretty good sign, because mortgage lenders don't take those kind of chances, especially these days.

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