A wholesaler recorded a claim on my property. Can I still close?

    How an affidavit of contract or similar recorded claim stops a loan, and how it gets cleared.

    Speak with us: (347) 824-5851

    Short answer: not until it's cleared. When a wholesaler or buyer records an "affidavit of contract" or similar notice, title insurance won't insure clean title, and no lender will close.

    A real example

    A Pennsylvania owner had a hard money letter of intent in hand when a wholesaler, after trying to renegotiate, recorded an affidavit of contract against the property. The loan stopped until the claim could be released.

    What to do

    1. Order title early so surprises show up before closing week.
    2. Get a written release from the party who recorded it, or work with a real estate attorney to remove it.
    3. Be careful what you sign with wholesalers.

    Related: Bridge loans

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