title mistake

[joanne43]

would appreciate if anyone can give me some feedback. It was found out in court that a ttitle that my title company researched before I bought the property was not correct. I assumed I was getting sll property that is on the title but court claims it is a msitaken title and the title comapny is at fault. Now I have been paying taxes on this part of the property for many years. The owner was given the right to subdivide the property that was not clear on the title while I wait and pay the tax on property that he is claiming as his. Since the title company was at fault for this so called mutual mistake-what can I expect the title company to be responsible for.
I have been promised that this land would be subdivided and adjusted off my property for some time but I am continuing to pay the tax.
I am losing part of the property that I was told was m,ine and it is alos makign my proerty of lesser value since it is a 4 unit with parking in the back and the yare taking away my parking lot,. There will be expense that I must incur to make a new parking lot.
Alos, the so called owner of this property has not cleaned nor cut the grass of the propertty he wants to subndivide off my land., It looks liek a trash dump ansd is a health hazard and he has left it that way for over 5 yrs. Do I ahve the right ,since it has not yet been subdivided off my title, to take this person t ocourt to clean up this land.

[ConfessionsOfARealtor]

This Happens Often, the Title Company does not seem to be liable for their mistakes. oftentimes they send out the wrong documents associated with the title, they send out documents and even title insurance on property that the seller use to own or another piece the seller may own.

Also what about filing "Quiet Title" or "Adverse Possession" that if you possess the property a certain amount of years you own it. The "intent" was that you bought the other piece, the title company is insured somehow, I would make a lot of noise about that title company, start a blog on their domain name if they don't own it or something similiar, no matter the title company, they answer to a "higher power" such as Chicago Title, they are basically just insurance brokers so go straight to the top, this sounds like there are Pockets to pay you damages, tax return, if you can now subdivide, than prove the money you lost say price you would get whole versus price you would get subdivided, the title company should pay the diverse, and stress and damages. I am not an attorney but this sounds like something you should not take lying down, PM me your story and I will get it out there. Also you say it has lesser value, the title company is Liable for that, careful with Real Estate Attorneys, often times they will treat you like the criminal, prove everything and EXPOSE everybody, (blogs - youtube - start a local news blog - whatever it takes) this is not one builder, seller or contractor this is a title a company and they should have better insurance and again was it Chicago Title they sold you, get to the top as quick as possible, don't cuss or rant, just EXPOSE...

Crystal L. Cox
IndustryWhistleblower dot com
Broker Owner
Ten Lakes Realty
Fighting for Consumer Protection in Real Estate

I am NOT a Real Estate Attorney, I am a Real Estate Broker Owner, this is Only my opinion based on some pretty scary experiences. There is NO protection for the Real Estate Consumer

[Norris Craig]

hi.......
Apparently at closing our seller listed the wrong unit # as our adress of our duplex so now that it's tax time it turns out that our title is wrong due to this mistake. Our title reads the neighbors address and vice versa (not the street number but the unit number) so now we have to pay to discharge our mortgages/ deed our titles to one another/and record new morgages because all of the paperwork -a cost of 300-500 per couple. It seems that the seller has no legal obligation to "fix" this mistake but shouldn't the tilte company/lawyers eat some of this cost since it was their duty to provide us with a "free and clear of record, marketable title"? This title is not "marketable" as it's incorrect and they should have done a title search. We've been getting the run-around from everyone but I don't see why we should have to pay "closing costs" all over again. Any advice would be appreciated!
FYI I purchased in Massachusetts.

[ConfessionsOfARealtor]

hi.......
Apparently at closing our seller listed the wrong unit # as our adress of our duplex so now that it's tax time it turns out that our title is wrong due to this mistake. Our title reads the neighbors address and vice versa (not the street number but the unit number) so now we have to pay to discharge our mortgages/ deed our titles to one another/and record new morgages because all of the paperwork -a cost of 300-500 per couple. It seems that the seller has no legal obligation to "fix" this mistake but shouldn't the tilte company/lawyers eat some of this cost since it was their duty to provide us with a "free and clear of record, marketable title"? This title is not "marketable" as it's incorrect and they should have done a title search. We've been getting the run-around from everyone but I don't see why we should have to pay "closing costs" all over again. Any advice would be appreciated!
FYI I purchased in Massachusetts.
Was there a Listing Agreement?

In the legal system, in my experience, it comes down to intention. I once Sold a 20 acre parcel but the buyer got a 40 acre parcel. I went to bat for the Seller, it was a Legal description error from within my office. The Buyer, refused to deed the 20 back and the fight came down to "intention".

What was the intention of the sale?

What had I, the Listing Realtor – Broker, marketed for sale, what had I shown, what did the Buyer "think" they were buying?

What did the Seller "think" they were selling?

There should be some "proof" of what the Seller intended on selling. If your "neighbor" was NOT willing to sign a "deed change" then the Seller could be in a Large Lawsuit initiated by you. You would have to prove what the “intention” of the Seller was and what Really happened at the agreement and in the closing.

If you had a signed agreement and the Legal Description was on this agreement and you Got, now own, that Legal Description that was on that buy sell and on your closing documents than it will be REALLY hard to make the Title Company Liable. The Realtor, the Seller should be liable, or proved to be liable if that is the case.

The Address is almost irrelevant, in my opinion.

It is the Legal Description that matters. The Title insurance “insures” a Legal and Not an address, lot size or even habitability.

I have seen people buy property and years later end up with property miles down the road from where they thought or were showed the property years before.

The Legal Description and Making sure where that is in the “Real World” is VERY important BEFORE you Sign your Closing document. Again – the Closing Documents are MORE important than the Buy Sell or the Listing. Thought the Buy Sell and the Listing agreement will go along way in a lawsuit to Prove “intention”.

I am Not a License Real Estate Broker in Mass. However, brokerage law is brokerage law, Realtors supposed “standards and ethics” are nation wide and even International.

And Title Companies are mostly “franchised”, they abide by Federal Laws, Chicago Title provides a lot of local title companies with their insurance and they are across State Boundaries so the Laws, Ethics and what you expect from a Title Company Should Be standard somehow, regardless of the differences in State by State Law, in My Personal Opinion.

If your Title says the Neighbors address and your Legal Description than that is just Clerical and really is not of Real Legal Concern or Matter. The Legal on the deed is what matters, that is what you pay tax on and what the title company insured Title of.

Did your Agreement to Sell or Buy Sell Agreement have a Legal Description, and if so is that the Legal Description that is On your Deed Now? What Address was on the Buy Sell you and the Seller Signed? Did you know the address before you bought?

Deciding Whether to Sue, I am sorry to Say this, but having seen Buyers go through years of stress, sleepless nights and a literal drain of financial and emotional resources, in this case I would put my Ego on the Back Burner and Simply Pay to Change the Deed.

You are lucky all parties are agreeing to change it, just get it done and quickly before your neighbor sells, possibly passes away or some other human drama interferes with the cooperation of actually being able to get the Deed Changed to what you need and want it to say.

Ego, and wanting justice must be put aside, what you need is a Deed Change. Go to the courthouse, do a quit claim deed or something that you and your neighbor can fill out yourself, that may be the cheapest, I don’t believe you really need an attorney as long as the neighbor agrees.

A title company can simply draw up a deed change, and if you go to the one that did the closing they may do it for cheap if you be nice, and simply grin and bare it. Again I am sorry but believe me a “Remedy” under a thousand dollars and a very short amount of time is the absolute best you can hope for.

You could spend way more money fighting it, and your stress level will never be worth it. And the time you spend fighting and worrying about it can never be replaced. Your Peace of mind for under one thousand dollars, You Can't Beat that.

Crystal L. Cox
Broker Owner
SavvyBroker.com
BrokerConsultation.com
CrystalLCox.com

[ConfessionsOfARealtor]

would appreciate if anyone can give me some feedback. It was found out in court that a ttitle that my title company researched before I bought the property was not correct.

I assumed I was getting sll property that is on the title but court claims it is a msitaken title and the title comapny is at fault.

Now I have been paying taxes on this part of the property for many years. The owner was given the right to subdivide the property that was not clear on the title while I wait and pay the tax on property that he is claiming as his. Since the title company was at fault for this so called mutual mistake-what can I expect the title company to be responsible for.

I have been promised that this land would be subdivided and adjusted off my property for some time but I am continuing to pay the tax.
I am losing part of the property that I was told was m,ine and it is alos makign my proerty of lesser value since it is a 4 unit with parking in the back and the yare taking away my parking lot,. There will be expense that I must incur to make a new parking lot.
Alos, the so called owner of this property has not cleaned nor cut the grass of the propertty he wants to subndivide off my land., It looks liek a trash dump ansd is a health hazard and he has left it that way for over 5 yrs. Do I ahve the right ,since it has not yet been subdivided off my title, to take this person t ocourt to clean up this land.

A Note on Discharge / Mortgage Documents

Is the Legal Wrong on the mortgage deeds or just the physical address?

If it is just the legal then the legal is what is obligated. If the Mortgage Company wants it to be accurate they should change it at no cost, you did choose to do business with them. Make people do “their job” if they do not.. expose them online.

If you own something, it could be argued in court that it is “marketable”.

You could also do a video, put it on youtube and email it to me – that tells your story and what title company, seller, realtor and mortgage company you used. You could also start a blog about it. Expose them and shame them into doing right by you. Somebody Dropped the Ball, you could shine a Big Bright Light on them if you want to.

CrystalLCox.com
SavvyBroker.com
BrokerConsultation.com


Crystal L. Cox
Broker Owner