Surprise mortgage on property
UPDATE: turns out what happened was - the owned parking spot has a separate title from the condo itself. When the mortgage was discharged, they only discharged the condo title not the parking spot title. Seems like that’s an error on the bank’s part? Lawyer is still working to resolve.
Someone please talk me off the ledge…
I recently sold my condo, my closing date is July 9. I had bought the condo 19 years ago. At the time, the sellers (a nice elderly couple, for what it’s worth) signed a “Warranties and Bill of Sale” that included a declaration that there are no liens or claims on the property. My lawyer at the time didn’t flag anything. I got title insurance. I got my own mortgage and, years later when I paid it off I took out a HELOC - no problem.
Today I was informed by my current lawyer that there is a mortgage registered on the condo, by the previous owners, dated three months before I took possession.
What is going on? Can this be just some clerical error? Is this going to delay my closing? Or worse, tank the deal? I’m pretty sure that both of the previous owners have passed away by now so who do I even deal with to sort this out?