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Question
Hi,
We recently purchased our first home, after looking at the home, and deciding to buy, we were NEVER notified of the fact that the property had two different parcels, nor that the second parcel of land was not accessable to us, as a garage deeded to the rental property next door was on the land. The seller did not say anything to us until the lawyer who did the closing commented on how odd it was doing the deed because of the portioned off land.
So I guess my question is this...who exactly is at fault? The lawyer, the seller? Does the title insurance cover this sort of thing? We just purchased the home, and don't really have the money for a survey just now. It's extremely frustrating because the owner of the rental property refuses to even acknowledge that we have an issue!
Hi LYNN--
WOW! "Who exactly is at fault" If the Seller and/or his/her Realtor knew about this and didn't disclose it to you right up front.GUILTY! (Especially if your State is a "FULL DISCLOSURE STATE!" where each Seller is required to fill out a form that discloses ANY/ALL deficiencies in the property known by the Seller.)
If the Title Company's Title Search failed to find this and disclose it in the Prelimiary Title Serach/Repoprt andinclude it in the Title Insuraance Policy. GUILTY! That's one of the things Title Searches and Policies are for.
"Your" property, you found, consisted of two sepeperate Parcels, one of which was no accessable to you because a previous owner had somehow allowed the owner of the property next door to build--and deed--a garage on one of the parcels.When did the Lawyer get involved? Is he your Lawyer, the Sellers,The Realtors,The Lenders, The Neighbor who refuses to acknowledge you have an issue here?
There are so many parties to this "MESS." that YOU NEED A LAWYER OF YOUR OWN to help you figure out who's GUILTY.
Maybe, just maybe, you'll find that you need to own SOME guilt yourself.After all, this was your FIRST HOME and I think you found it to be much more complicated than you expected. BUT THAT'S WHY YOU HAVE REALTORS. LAWYERS. TITLE OFFICRS, LOAN OFFICERS, APPRAISERS AND OTHERS TO HELP YOU. You SHOULD be able to count on them! GOOD LUCK!!
--JIM
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thank You, we have contacted a lawyer, he's advised us to get a survey, and the man who owns the rental property, as well as the previous owner have both denied knowledge of the fact that the garage in question does in fact sit on our property. Thank You very much for your answer, and advice! | ||
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Jim Root
Expertise
How to select the right Real Estate Salesperson & Loan Officer--ones who will serve your best interests! House-hunting tips & suggestions on selection of the home best for your family needs. Introduction to the Home Buying Process & all the "Players" involved.What is of utmost important to the Homebuyer? Real Estate Contracts & Negotiations, Appraisal needs, Title Co. involvement, Home Inspection issues& the Closing/Escrow systems, etc. Whatever your question, the answer will follow, whether from personal knowledge or research! Gale, shown here with me, has been a Real Estate Office Administrator, licensed Realtor & has served as my Research Assistant over the years!
Experience
Over 30 years as a "Real Estate Professional." including Real Estate Marketing & Sales, Appraisal work, Mortgage Banking & as a Realty Officer with U.S Dept. of HUD's FHA Homeownership Division in Alaska, Washington & Idaho! Some experience in Montana, California, Utah & Nevada markets!Knowledge of National Markets by continuous Research!
Organizations
Former member of Nat'l Ass'n of Realtors (NAR) & Mortgage Bankers Ass'n of America (MBAA). Currently with National Association of Review Appraisers & Mortgage Underwriters (NARA/MU).
Publications
Published in various local, state, regional & national Real Estate-related magazines & newsletters!Co-author of various Govt. publications on Homeownership, Appraisals & Mortgages while with HUD/FHA.
Education/Credentials
Associate Degree in Real Estate Studies plus:
Numerous Real Estate-related Courses conducted by the U. S. Government & Private Industry over the past 30 years.
Bachelors Degree in Mass Communications,
Masters Degree in Education/Teaching
Awards and Honors
Professional Designations: Certified Residential Originator (CRO) from MBAA, Registered Mortgage Underwiter (RMU) & Certified Review Appraiser (CRA) from NARA/MU. Outstanding Peformance Awards for 10 of the 12 years with HUD/FHA & numerous Sales/Listing Awards while a licensed Real Estate Agent.
Past/Present Clients
No longer selling/listing Real Estate, nor Appraising properties, nor working in the Mortgage business, this "Real Estate Pro" serves as Director of a Company that provides Professional Development Seminars & Workshops to the "Real Estate Industry" and provides free (as needed) & fee-paid (on a sliding scale) consulting & inspection services to members of the general public.Your questions will be answered without "salesmanship" & with your best interests in mind!
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