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Old 08-03-2012, 12:00 PM
 
Location: Virginia
629 posts, read 1,422,956 times
Reputation: 564

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Quote:
Originally Posted by Silverfall View Post
It might be time for a complaint to the real estate commission.
I know right?!?!..I will be googling how to do that very thing here shortly. It makes me so angry..I want to sue them too but our attorney thinks it would be futile. Waste of time and money going in that direction when we could focus on 1 and go for the whole shebang. Not happy about it but it is best for us.

Quote:
Originally Posted by jackmichigan View Post
Good for you. Just curious--was it ever determined whether the condemnation for the road was for an easement or for the fee title?
It was fee title. Here is another humdinger. We are paying taxes on the 3 full acres because the township attorney never filed the deed like he was supposed to. Had he done that..the listing would have been correct and we wouldn't be in this mess.

Quote:
Originally Posted by Sherifftruman View Post
I would guess that's the dumbest thing they've done so far. Nothing like adding willfulness to what was a simple errors and omissions claim on their insurance. The insurance company might even be able to deny coverage. It will be interesting to see what happens in this.
Unfortunately, the people who I feel truly had deceitful actions in this, are the ones that we can't sue. We are certain the realtor had knowledge of the road but we can't prove it. Losing the file screams guilt in our opinion. The seller was a bankruptcy trustee and has immunity. Convenient of him to list the house 2 wks after getting the check for the land. Then add the township attny holding back filing the deed..the only person to catch it was our closing attorney. She didn't..so that leaves liability with her. She is the only one I feel had no intent to defraud us..she just wasn't as sharp as she should have been. This is how my husband put it going down the line...fraud...fraud...fraud..mistake. While I'm sympathetic about that, she has cost us dearly. She didn't do her damn job..the one we paid her to do.

It's a lose/lose situation for us. We can NOT fight and lose our 2 acres..our privacy..and our resale value. Or we can fight and once lawyers are paid..have a fraction of what the victory was worth in our pockets. So we won't come out ahead or even..I"m not deluding myself and I'm mad as hell about that. So..my wrath ultimately is directed at her.
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Old 08-03-2012, 12:13 PM
 
Location: Needham, MA
6,324 posts, read 9,039,168 times
Reputation: 5324
Quote:
Originally Posted by ~Pajama mama~ View Post
Unfortunately, the people who I feel truly had deceitful actions in this, are the ones that we can't sue. We are certain the realtor had knowledge of the road but we can't prove it. Losing the file screams guilt in our opinion. The seller was a bankruptcy trustee and has immunity. Convenient of him to list the house 2 wks after getting the check for the land. Then add the township attny holding back filing the deed..the only person to catch it was our closing attorney. She didn't..so that leaves liability with her. She is the only one I feel had no intent to defraud us..she just wasn't as sharp as she should have been. This is how my husband put it going down the line...fraud...fraud...fraud..mistake. While I'm sympathetic about that, she has cost us dearly. She didn't do her damn job..the one we paid her to do.

It's a lose/lose situation for us. We can NOT fight and lose our 2 acres..our privacy..and our resale value. Or we can fight and once lawyers are paid..have a fraction of what the victory was worth in our pockets. So we won't come out ahead or even..I"m not deluding myself and I'm mad as hell about that. So..my wrath ultimately is directed at her.
Inept practioners should be sued. The only way to put these people out of business and protect the rest of the public is to sue them so much that they become uninsurable. So, while you may not be made whole at the end of this process due to attorney's fees, please find some solace in the fact that you are doing a public service.

Quote:
Originally Posted by Sherifftruman View Post
I would guess that's the dumbest thing they've done so far. Nothing like adding willfulness to what was a simple errors and omissions claim on their insurance. The insurance company might even be able to deny coverage. It will be interesting to see what happens in this.
I agree. Really stupid and unnecessary. What's the point of dumping the file? It makes them look guilty and even if the file incriminates them they should still be covered by EO insurance. This firm's reputation will be tarnished forever and in my opinion dumping the file only makes them look worse.
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Old 08-03-2012, 10:05 PM
 
Location: Salem, OR
13,749 posts, read 31,588,814 times
Reputation: 12119
[quote=~Pajama mama~;25470927]



It was fee title. Here is another humdinger. We are paying taxes on the 3 full acres because the township attorney never filed the deed like he was supposed to. Had he done that..the listing would have been correct and we wouldn't be in this mess.

Wow. He never filed the deed. I'm just so happy that you found an attorney to help you out. Please keep us posted as you go along. This is just such an epic screw up. Oh, and I'd still file a complaint with the state BAR against the bankruptcy Trustee. I'd let them investigate and decide if the Trustee is really exempt. I don't think you can commit fraud and claim exemption. I know we can't in Oregon. Fraud by omission is still fraud.
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Old 08-04-2012, 03:11 AM
 
Location: Florida
18,294 posts, read 18,560,123 times
Reputation: 20996
Wow is right.
I would have bet it was an easement simply because I couldn't fathom so many doing so much wrong.
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Old 08-04-2012, 06:53 AM
 
Location: Virginia
629 posts, read 1,422,956 times
Reputation: 564
[quote=Silverfall;25478494Wow. He never filed the deed. I'm just so happy that you found an attorney to help you out. Please keep us posted as you go along. This is just such an epic screw up. Oh, and I'd still file a complaint with the state BAR against the bankruptcy Trustee. I'd let them investigate and decide if the Trustee is really exempt. I don't think you can commit fraud and claim exemption. I know we can't in Oregon. Fraud by omission is still fraud.[/quote]

Hey Silver..we are happy too. Damn it was hard..and will be expensive considering the distance. What our attorney thinks is once we go after our closing attorney..they will in turn look at who else could share some guilt. They would then bring them in as co defendents I believe. Or they would settle with us and then pursue the others. But from our side..we don't have the expense or burden of proving their guilt. Let them do it. I would be happy if everyone involved was brought to justice so to speak.

Quote:
Originally Posted by old_cold View Post
Wow is right.
I would have bet it was an easement simply because I couldn't fathom so many doing so much wrong.
I know! It is really mind boggling how all this happened. Most every lawyer I talked to and told the story was intriqued even though they couldn't take the case for some reason or the other. It's just unbelievable at the fraud or at the least incompetence on so many levels.

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Old 08-04-2012, 06:58 AM
 
Location: Cary, NC
31,636 posts, read 55,374,605 times
Reputation: 30188
"Lost the file?"

Sounds like a dream come true for the OP's attorney. How can the firm credibly refute ANY claim without documentation?
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Old 08-04-2012, 07:04 AM
 
Location: NJ
17,579 posts, read 38,328,551 times
Reputation: 16099
Quote:
Originally Posted by MikeJaquish View Post
"Lost the file?"

Sounds like a dream come true for the OP's attorney. How can the firm credibly refute ANY claim without documentation?
I get the feeling they are going to somehow "find" the file.
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Old 08-04-2012, 07:22 AM
 
Location: Virginia
629 posts, read 1,422,956 times
Reputation: 564
Default Pic of our yard!

I wanted to post a pic so y'all would have an idea of how destructive and invasive the new road will be. We just got home from vacay so the grass was a little high.


The road in the pic is be rerouted through our backyard..just to the inside of the stand of trees. Include the shoulder and it's RIGHT beside our deck.


This is a continued view to the right where the road will go. All of the trees will be gone.



Straight off our back deck. The road will curve to the inside of the little bush in the back. What we thought was our property line is actually about 40ft into the trees. Behind the trees down the slope is an open field so it will be wide open. There will not be a single tree left. Sickening!
Attached Thumbnails
Stunned about easements..now what?-dscn0743.jpg   Stunned about easements..now what?-dscn0744.jpg   Stunned about easements..now what?-dscn0747.jpg  

Last edited by ~Pajama mama~; 08-04-2012 at 07:51 AM..
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Old 08-04-2012, 07:57 AM
 
4,627 posts, read 7,210,684 times
Reputation: 4735
How would you feel about a Judge vacating the sale and your moving?
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Old 08-04-2012, 06:46 PM
 
Location: NJ
17,579 posts, read 38,328,551 times
Reputation: 16099
This may sound very paranoid, but if I was going ahead with a lawsuit like this I'm not sure I would want this thread out there in the public.
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