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Old 07-26-2012, 12:00 PM
 
Location: Virginia
629 posts, read 1,422,640 times
Reputation: 564

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Quote:
Originally Posted by Briolat21 View Post
All it tells me is that you are in a jacked-up situation.
You cracked me up!!

Quote:
Originally Posted by sware2cod View Post
You go girl!

I am very impressed with your thoroughness and your toughness of tackling this major issue.

You are a very intelligent person, and you will do just fine with all of this. It will be a hassle but you will come out ok in the end. The ride might not be fun, but it will be over in due time.

Much support to you.
Aw sware..you brought tears to my eyes. Your post was one of the best compliments I've ever gotten..I just wanna hug ya. This is important to me and nobody is going to care more than I do so I'm working on my own behalf. Not to mention saving attorney fees. lol

Quote:
Originally Posted by Briolat21 View Post
Yeah - that's what I got too.. that a lot of times in the real estate forums people do blame the buyer (yes - you are in an HOA, they can tell you what not to do, didn't you read??) .. LOL..exactly. It wasn't like it was a far stretch to think someone was unsympathetic.

but in this case, the screwup (I am having a really hard time describing this situation without using expletives) is so ridiculously screwed up that there's just no realistic way you could have seen this coming.

Glad you've found a lawyer. It does sound like a pretty obvious case in my mind, but I'm not a lawyer. However, the very fact that everyone in town knows about it is going to make it hard for them to try to hide the mistakes. And small town people may try to protect one another, but they're not always the most sophisticated or savvy ... if your lawyer is decent they should be able to get enough evidence.

Just keep your records, photocopy anything you can (records/deeds/letters/e-mails) .. so if the "originals" start to disappear you have something.

Hope your attorney will give you a realistic outcome of what you might be able to get. I would ask for, Sale to be reversed (all monies returned to you). Rental expenses for 3 months (while looking for another acceptable property to buy), Moving expenses out of 1.2 acre property into rental place, moving expenses from rental place into next purchase, and of course attorney fees.

That is not greedy, and I would think in being reasonable they would be more likely to settle.

Of course, you could go for the jugular and try to bury them all. I wouldn't blame you.

Let us know how this proceeds. Yay potential lawyer!!!
I like the way you think. I'll hire you to come negotiate the settlement.
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Old 07-26-2012, 12:07 PM
 
3,404 posts, read 4,141,016 times
Reputation: 2397
I don't know why this wouldn't be an easy case. The seller sold property that wasn't theirs, end of story. Why wouldn't that make the whole transaction easily voidable? Really hoping everyone sees it that way and it doesn't turn into more of a mess then it already is for you.
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Old 07-26-2012, 12:11 PM
 
Location: Needham, MA
6,324 posts, read 9,036,414 times
Reputation: 5324
I think if you keep moving forward with the tenacity you've demonstrated so far you'll be OK. It will take some time and there will certainly be hurdles to jump but it sure sounds like it will work out for you.
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Old 07-26-2012, 12:13 PM
 
Location: Salem, OR
13,745 posts, read 31,577,375 times
Reputation: 12110
Quote:
Originally Posted by Zyngawf View Post
I don't know why this wouldn't be an easy case. The seller sold property that wasn't theirs, end of story. Why wouldn't that make the whole transaction easily voidable? Really hoping everyone sees it that way and it doesn't turn into more of a mess then it already is for you.
It seems like a slam dunk to me too. I think it is the suing the other attorney's that is the issue. I'm really hoping these attorney's take the case for the OP.

You know, I was just thinking that I can think of so few threads on CD that are as close to unanimous in opinion as this thread.
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Old 07-26-2012, 12:13 PM
 
Location: Virginia
629 posts, read 1,422,640 times
Reputation: 564
Default Another update

Okie dokie..here is the latest then I will give the thread a rest. We are packing for vacation and I'm totally forgetting about all of this..well going to try to anyway.

An attorney out of Scranton is willing to take the case. Just as they all have said..she is an easy target. From her actions/statements to us..he expects her to settle. We can't sue two attorneys for the same damages so we have focused on our closing attorney. Easier to prove. I have an appointment to go down to meet with him next week.

As far as compensation..we aren't sure what damage amount we are going to seek. We will decide at next weeks meeting.

Now..here is the biggest relief to me. Paying the attorney. He is asking for a $5k retainer fee to which they will charge hrly until they max it out. At that point..they go to 33% of settlement with credit for the $5k. So at no point will we be out more than the $5k. This is an affordable risk. If they settle we probably wouldn't go over the $5k..but if they drag it out..it won't bankrupt us. I'm so happy.

Thanks everyone for helping me through this. I got so much good advice. You've been a great cheering section as well.

Last edited by ~Pajama mama~; 07-26-2012 at 12:15 PM.. Reason: Wanted to add...
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Old 07-26-2012, 12:21 PM
 
Location: Virginia
629 posts, read 1,422,640 times
Reputation: 564
Quote:
Originally Posted by Silverfall View Post
You know, I was just thinking that I can think of so few threads on CD that are as close to unanimous in opinion as this thread.
We posted at the same time. LOL..I would have to agree. Although Manderly is holding out.
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Old 07-26-2012, 12:26 PM
 
Location: southwest TN
8,178 posts, read 14,264,444 times
Reputation: 14779
I'm so happy the attorney/firm is taking this case. I also would expect your closing attorney to settle, but keep in mind she will have her malpractice insurance company's attorney handling her defense and negotiations. I am curious, though, as to why your title insurance company is not paying up and filing suit on your behalf. That's why you got your own title insurance! (It's why I was clear on asking if you got 2 policies, the title policy for the mtgr and one for owners.)

Enjoy your vacation and let us know what goes on when you return.
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Old 07-26-2012, 12:29 PM
 
Location: Salem, OR
13,745 posts, read 31,577,375 times
Reputation: 12110
Quote:
Originally Posted by NY Annie View Post
I'm so happy the attorney/firm is taking this case. I also would expect your closing attorney to settle, but keep in mind she will have her malpractice insurance company's attorney handling her defense and negotiations. I am curious, though, as to why your title insurance company is not paying up and filing suit on your behalf. That's why you got your own title insurance! (It's why I was clear on asking if you got 2 policies, the title policy for the mtgr and one for owners.)

Enjoy your vacation and let us know what goes on when you return.
All insurance companies have fine print. They excluded the condemnation as insurable on the title insurance policy. So anything related to it isn't insured. It isn't covered.
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Old 07-26-2012, 12:36 PM
 
3,751 posts, read 10,211,776 times
Reputation: 6560
Her title company excluded the condemnation, but she didn't know because she didn't get the title ins. document until AFTER she paid/closed/got keys, etc..

Again. Jacked-Up!

Pajama - so happy.

Just make sure with your lawyer collecting 1/3 of settlement above 5K retainer - that you ask for enough to cover what you need.

Which means in addition to reversal of sale (all monies returned), and moving expenses (to and from a rental property) and rental expenses for a reasonable time period (- what the heck - make it 6 months, you want to really research your next purchase!!!) - you're going to need to ask for damages.

Don't get too crazy, but really calculate what you need to be made whole (not made rich, just whole). I still think if overall it is reasonable they will be more likely to settle quickly.

I'm sure your lawyer will have some good advice and probably be smart enough to start a little higher and then have some room to compromise down.

Yay bigger city lawyer!!!!



Enjoy your vacation! We'll be in Pennsylvania (near Pittsburgh, but out in the boonies) this weekend - so I'll think of you!!
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Old 07-26-2012, 12:39 PM
 
Location: Salem, OR
13,745 posts, read 31,577,375 times
Reputation: 12110
Quote:
Originally Posted by Briolat21 View Post
Her title company excluded the condemnation, but she didn't know because she didn't get the title ins. document until AFTER she paid/closed/got keys, etc..
Oh, no disagreement there. I would hope that the local real estate community would take notice and start giving copies of title reports and explaining them to clients as they get them. It is appalling that home buyers don't see them until closing.
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