U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 07-25-2012, 08:53 AM
 
3,750 posts, read 10,201,548 times
Reputation: 6560

Advertisements

Pajama - it really is ridiculous.

You would think there would be some legal recourse against the county for not ammending the deed (i.e. how can the deed still describe 3 acres, when it is really 1.2 acres now. Essentially the parcel has been divided and the smaller parcel (1.2) acres is now what remains on the original deed.

We have property in a small town in SW PA (very near Ohio/WVa) but its a dinky in-town property. Everyone there is always very helpful, as my family is originally from there (dad left there almost 70 years ago). So I'm sorry you're having such a difficult time in your small town.

But, I know how protective small towns can be to cover their mistakes and close ranks against the "outsiders". I think that's more the rule than the exception.

Keep us posted. Hoping for the best for you!
Reply With Quote Quick reply to this message

 
Old 07-25-2012, 09:12 AM
 
Location: Virginia
629 posts, read 1,421,253 times
Reputation: 564
Quote:
Originally Posted by Briolat21 View Post
Pajama - it really is ridiculous. I concur!!!!

You would think there would be some legal recourse against the county for not ammending the deed (i.e. how can the deed still describe 3 acres, when it is really 1.2 acres now. Essentially the parcel has been divided and the smaller parcel (1.2) acres is now what remains on the original deed.

I honestly thought that was where some of the fault would lie. But several attorneys said the deed and legal description don't have to reflect it at this point.

But, I know how protective small towns can be to cover their mistakes and close ranks against the "outsiders". I think that's more the rule than the exception.

Keep us posted. Hoping for the best for you!
Yes..they are very much rallying around her. We saw her associate (our baseball coach..and her cousin in law) sitting at the bottom of our property yesterday.

This is getting freakin absurd. We have some friends who are very wealthy and well connected in the county. We talk occasionally. I told him what is going on and he referred me to a local lawyer. Of course that one said go somewhere else. So my friend checked with me this morning on how things were going. He was upset as he got more details. Started working on getting info for more high powered attorneys that would help us. He actually called me to talk about it..I tell him the whole story. He is fired up..the bank committed fraud..the lawyer screwed up..etc. I mention the bank name. Um..he sits on the board. Un-freakin-believable....
Reply With Quote Quick reply to this message
 
Old 07-25-2012, 09:14 AM
 
4,626 posts, read 7,194,982 times
Reputation: 4735
Quote:
Originally Posted by ~Pajama mama~ View Post
This I think..it was a nasty divorce. How could this impact our situation?
Okay, so it looks like there was a divorce and resulting bankruptcy.

Then somewhere along the line, a subdivision of the property took place, selling some of the land for the highway.

Who got the profits from the sale? The Bankruptcy Trustee? When did this sale take place? Prior to BK filing or after?

After the division of the original property and sale of part of the parcel was a new survey done? EVER?

Assuming the Bankruptcy Trustee forced the sale of the house and remaining property what was a legal description of the property listed for sale?

Did you purchase a buyer's Title insurance policy?
Reply With Quote Quick reply to this message
 
Old 07-25-2012, 09:23 AM
 
4,626 posts, read 7,194,982 times
Reputation: 4735
Quote:
Originally Posted by ~Pajama mama~ View Post
Yes..they are very much rallying around her. We saw her associate (our baseball coach..and her cousin in law) sitting at the bottom of our property yesterday.

This is getting freakin absurd. We have some friends who are very wealthy and well connected in the county. We talk occasionally. I told him what is going on and he referred me to a local lawyer. Of course that one said go somewhere else. So my friend checked with me this morning on how things were going. He was upset as he got more details. Started working on getting info for more high powered attorneys that would help us. He actually called me to talk about it..I tell him the whole story. He is fired up..the bank committed fraud..the lawyer screwed up..etc. I mention the bank name. Um..he sits on the board. Un-freakin-believable....
If the sale was forced through the Federal Bankruptcy Court, it's not the Bank.
Reply With Quote Quick reply to this message
 
Old 07-25-2012, 09:23 AM
 
Location: southwest TN
8,175 posts, read 14,249,488 times
Reputation: 14776
Contact the state bar association to find a lawyer willing to litigate this. There is ALWAYS an attorney who will.

You might also want to contact Penn Law School - many times law schools have a clinic for 3rd year students, supervised by a professor.

Penn State
Duquesne
Drexel
Pittsburgh
Villanova
Temple


As the above poster asked about your own title insurance policy - if you didn't purchase one, why not? Was it offered? If you DID purchase it, then your title company should be representing you.
Reply With Quote Quick reply to this message
 
Old 07-25-2012, 09:25 AM
 
Location: Virginia
629 posts, read 1,421,253 times
Reputation: 564
Quote:
Originally Posted by ocngypz View Post
Okay, so it looks like there was a divorce and resulting bankruptcy.

Then somewhere along the line, a subdivision of the property took place, selling some of the land for the highway.

Who got the profits from the sale? The Bankruptcy Trustee? When did this sale take place? Prior to BK filing or after?

The bankruptcy trustee facilitated the sale. I think the money went thru him but the money ultimately paid liens held by the selling bank against the property. I need to find exactly who the check was made to.

After the division of the original property and sale of part of the parcel was a new survey done? EVER?

Not that I know of..how can I find out if the bank did one and didnt disclose that too?

Assuming the Bankruptcy Trustee forced the sale of the house and remaining property what was a legal description of the property listed for sale?

It was identical to what it was 10 yrs ago..nothing has changed. There is no mention anywhere in the legal description of the condemnation.

Did you purchase a buyer's Title insurance policy?
We did get title ins..however..that was one of the 30 exclusions our attorney never discussed with us.

There are obviously some very knowledgable posters..I just want to again thank you for helping. As of right now..I am acting as my own attorney. Scary I know!
Reply With Quote Quick reply to this message
 
Old 07-25-2012, 09:52 AM
 
Location: Virginia
629 posts, read 1,421,253 times
Reputation: 564
Quote:
Originally Posted by ocngypz View Post
If the sale was forced through the Federal Bankruptcy Court, it's not the Bank.
This had me asking questions. Just got off the phone and here is what I found out. It wasn't a forced sale. It was foreclosed..however..it took place the month after the condemnation. Deed would have still been in the debtors name. When the condemnation compensation happened..the couple was in bankruptcy therefore it went thru the trustee. Who paid the bank who had mortgage/liens against the house. I noticed in the paperwork for everyones condemnation..all was applied to outstanding mortgages if there was one.

So..the bank had knowledge of the condemnation..as well as the trustee who handled the sale to us. They sold us property they KNEW they didn't own. On the mls listing..it stated 3 acres. Who ever gave or approved that info had to have known.

Do you think we are going to be able to go after them?

Reply With Quote Quick reply to this message
 
Old 07-25-2012, 10:02 AM
 
4,626 posts, read 7,194,982 times
Reputation: 4735
Quote:
Originally Posted by ~Pajama mama~ View Post
This had me asking questions. Just got off the phone and here is what I found out. It wasn't a forced sale. It was foreclosed..however..it took place the month after the condemnation. Deed would have still been in the debtors name. When the condemnation compensation happened..the couple was in bankruptcy therefore it went thru the trustee. Who paid the bank who had mortgage/liens against the house. I noticed in the paperwork for everyones condemnation..all was applied to outstanding mortgages if there was one.

So..the bank had knowledge of the condemnation..as well as the trustee who handled the sale to us. They sold us property they KNEW they didn't own. On the mls listing..it stated 3 acres. Who ever gave or approved that info had to have known.

Do you think we are going to be able to go after them?
First, you have to establish a timeline.

Date of bankruptcy filing.

Date of foreclosure sale by bank.

Date of condemnation.
Reply With Quote Quick reply to this message
 
Old 07-25-2012, 10:21 AM
 
Location: Florida
18,290 posts, read 18,527,133 times
Reputation: 20965
Maybe I missed it and if so, please forgive the repetition.
Did the roadway land get 'sold' or did an easement get sold?
And did you decline a survey if one was suggested?
I do believe a survey would show the current status as well as any easements.
If this is not correct, I'm sure someone will say so.
If it is correct, it could be an "uh oh".
Reply With Quote Quick reply to this message
 
Old 07-25-2012, 10:22 AM
 
Location: Virginia
629 posts, read 1,421,253 times
Reputation: 564
Quote:
Originally Posted by ocngypz View Post
First, you have to establish a timeline.

Date of bankruptcy filing. Trying to find this..

Date of foreclosure sale by bank. Deed transferred on July 13th 2011.

Date of condemnation. April 23rd 2011..then amended on July 1st 2011.
Trying to find out when the check was dated and who the check was actually made out to.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top