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QUESTION: Bought property 3 years ago neighbor has proof that he own 1/3 of my property. My question is can the agency that sold me the house be held responsible for not telling me the correct property line, after asking about it before buying.

ANSWER: Hey Jenna,

More then likely they have disclosures that you signed limiting them from liability. However, the title company that you closed with was guaranteeing the property lines. You will want to get in touch with them and get your title report that was done when you bought it. That is an insurance policy that the sellers gave to you guaranteeing that you were the rightful owner of the whole property according to the boundary descriptions. Once you do that you will have a better idea on where to go from there. The title company will tell you if you have a claim or not. If you have any questions, don't hesitate to contact me.

Hope that helps,

Thanks
Brian

---------- FOLLOW-UP ----------

QUESTION: I have talked to the title company her info is basically the same as my neighbors saying that my fence is on an entire half lot that is not mine. Now the map everyone is going off of  is many many years old. The fence is not in this picture. Still confused not sure what to do. Even when a new survey is completed if nothing has changed,do i have any recourse our just take my fence down and take a loss on my property value. I feel i was mislead in buying the property because the main reason this was the house picked was this huge fenced in back yard.

Answer
Hi Jenna,

Once you complete the survey, and if nothing has changed, then you will have to take the fence down off of their property if that is what they are asking you to do. The appraised value of the property is based off of what the plat map says not where the fence is. You may have lost some perceived value but you haven't lost the value of your home. Unfortunately  everyone went off of the fence line as the boundary rather then the measurements of the plat map. You have the right as a buyer to verify everything before you buy the home. If you find something after the fact, there is not a lot that you can do about it unless you can prove that the intentionally mislead you. I hope that that was able to help.

Thanks
Brian

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Brian Pitcher

Expertise

I can answer all questions related to Residential Real Estate. In particular I am an expert in the loss mitigation side. I meet with multiple homeowner on a weekly basis and guide them through the issues of being upside down on their mortgage and what they can do to better it. I can answer questions on Loan Modifications, Short Sale, Foreclosure, Strategic Default, Deed in Lieu. I can also answer questions on the buyer/investor side of things in regards to homeownership or home flipping. I can also answer questions regarding the 1099C or cancellation of debt that homeowners get from a short sale or a foreclosure.

Experience

I run a team of agents called the Pitcher Group, out of Salt Lake City. We specialize in Short Sales and helping sellers get out of tough situations. We have closed over 100 short sales in the past 3 years with our team. I also am an owner of a Short Sale Negotiation company that helps process short sale transactions for Real Estate Agents all across the country. I understand the investment side of Real Estate as I have bought and sold many rental type homes over the years. I also rehabilitate homes and flip them. We usually have 1 to 3 properties going at any given time. Our completion time from bought to sold is usually less then 4 months.

Organizations
I am a member of the national Association of Realtors on the national level and the Salt Lake board of Realtors on the local level. I am a member of the Short Sale Specialist Network as well as multiple short sale mastermind groups locally and nationwide.

Publications
The Short Sale Specialist Network www.savemyutahhome.com The Truth about Short Sales, Loan Modifications and Foreclosures (an ebook that I wrote)

Education/Credentials
Bachelors Degree from the University of Utah in Spanish with an emphasis in Economics. Specialized and on going study of loss mitigation tactics revolved around the banking industry and real estate including FDIC.

Awards and Honors
Bronze Home sales award in 2008 for Keller Williams Gold Home sales award in 2009 For Keller Williams Triple Gold Home sales award in 2010 For Keller Williams Triple Gold home sales award in 2011 For Keller Williams Top Sales agent individual award in 2010 For Keller Williams I have been asked to speak and teach other realtors how to handle short sales for Keller Williams International and also at my local board of Realtors.

Past/Present Clients
I have over 100 successfully closed short sale transactions.

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