If a home was purchased land contract, but the deed never registered thru purchaser, is purchaser legal owner?

I have a judgment against purchaser of land contract sale of home. I was awarded a lien on propery. The seller is claiming that I can not have a lien because the deed was never registered. Even though he sold the home, he claims that he can prevent a lien on the home. His contract with the purchaser is that if there is a default he can then sell home and they must pay difference if selling price is less than owed.
With that said, I have an order from the court to have the sheriff dept. sell the home and pay me first. He claims that since deed was not registered he is still the owner. I know it’s confusing, but does anyone know if he has any right to appeal the court order?

2 Responses to “If a home was purchased land contract, but the deed never registered thru purchaser, is purchaser legal owner?”

  1. nathan f Says:

    If you have a signed purchase contract and proof of payment, then he has no claim. Registration of the deed is a formality, but not required to make a contract binding.
    Whoever the eventual owner of this property is, they should immediately work toward clearing up the title . A clouded title can reduce the value of property.

  2. smartypants Says:

    If you have the order, than you have more than enought to get it back. Yes, he can appeal. But generally let him keep running his mouth and unless he does appeal and have something viable, ignore him and get it gone.