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When you borrow money to finance property in Texas, the lender ALWAYS has a vendor's lien on the property. It will remain on the property until the debt is fully paid, whether that be by refinance or cash pay off. You have nothing to worry about unless you paid cash for the property in the first place - all properties in Texas have a vendors lien on them. The lien allows the lender to foreclose in case you don't pay.If you purchased a foreclosure, you will have received a Special Warranty Deed as opposed to a General Warranty Deed. The special warranty deed is not nearly protective of the buyer as is the general warranty deed. The grantor of a special warranty deed conveys the property with two warranties:
The grantor warrants that they have received title. The grantor warrants, unless noted specifically in the deed, that the property was not encumbered during their period of ownership.
The grantor of the special warranty deed, in effect, only warrants the title against their own actions or omissions. They warrant nothing prior to their taking title. If specifically stated in the deed, other warranties can be conveyed. Special warranty deeds are frequently used by executors, trustees and seller/lenders.If there is a lien on the property that happened before you purchased it, and it was never filed, therefore has just now come to surface, your title insurance should cover any damages. You need to call your title company-they will be able to tell you if you have a claim. I bet you don't however - I am pretty certain that what you have found is related to your own mortgage. Thanks!
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