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We have been troubled by a former owner of our house who was foreclosed on and evicted from the home in 2016. We bought the place in the Spring of 2017 and all was well until October 2019 when this guy started giving us trouble (detailed in other posts of mine).
His latest action was to go down to the County Recorder’s Office and pay a $40 fee to submit and get recorded a warranty deed on our house. The deed is ludicrous. The house, when his, was titled/owned by “The Obagi Family Trust.” The deed he submitted on the house was simply John Obagi giving ownership to “The Obagi Family Trust” effective 12.19.2019 with a simple $1.00 sales figure. Of course we own the place and he has no rights to the house and the house was never in his name, always in his trust name during his period of ownership.
The only reason we figure he did this was to put a “cloud” on the title. Unbelievable that this is allowed. But I have learned people can do this and other things in Nevada without proof of ownership. Soooo our Title Company is doing a “Quiet Title” action to correct this.
Have you ever done a Quiet Title? How does this prevent a reoccurrence of this guy doing it again?
Your experience is a great reminder about how important it is to go ahead and pay the fee for title insurance. I read this "If the owner prevails in the quiet title action, no further challenges to the title can be brought." and "The object of a quiet title lawsuit is to obtain a judgment from the court confirming that the buyer is the sole owner of the property and that the lienholders and prior owners named as defendants are forever barred from asserting any claims whatsoever to the property which are adverse to the buyer." Hope this will bring an end to it for you!
We have been troubled by a former owner of our house who was foreclosed on and evicted from the home in 2016. We bought the place in the Spring of 2017 and all was well until October 2019 when this guy started giving us trouble (detailed in other posts of mine).
His latest action was to go down to the County Recorder’s Office and pay a $40 fee to submit and get recorded a warranty deed on our house. The deed is ludicrous. The house, when his, was titled/owned by “The Obagi Family Trust.” The deed he submitted on the house was simply John Obagi giving ownership to “The Obagi Family Trust” effective 12.19.2019 with a simple $1.00 sales figure. Of course we own the place and he has no rights to the house and the house was never in his name, always in his trust name during his period of ownership.
The only reason we figure he did this was to put a “cloud” on the title. Unbelievable that this is allowed. But I have learned people can do this and other things in Nevada without proof of ownership. Soooo our Title Company is doing a “Quiet Title” action to correct this.
Have you ever done a Quiet Title? How does this prevent a reoccurrence of this guy doing it again?
Just make sure that the court issues an order that can be recorded in the chain of title. If you personally incur any costs seeking that order, ask the court to order reimbursement of any damages you incurred as a result of the previous owner's actions.
I'm sorry this nightmare continues. How did you discover his action? Did you speak with the recorder's office as to how/why they would permit this? I would think that when someone applies for a warranty deed there is some check in place to prevent this kind of nonsense.
One note in doing a little research. Confirm that the County Treasurer (or whoever sends tax bills in your county) has your address and name. From what I saw online for Clark County NV, he has to provide a place/name to send the tax bill. You don't want to miss this bill.
I'd also file a fraud complaint with the Attorney General for NV. Probably nothing will come of it, but it will be part of your paper trail. You can do it online.
One more note: if he really recorded a warranty deed, he has likely broken laws. Warranty deeds typically imply that one has the right to transfer the property as the rightful owner. He didn't have the right to do that. (Although I know he thinks he does.) It's probably just another part of his game trying to prove he's the rightful owner.
It happens. Had a client trying to sell a small home in NLV. His problem was his separated wife, who had a significant drug problem, would record a lis pendens against the property. The technique was apparently taught in a class for ladies on how to defend themselves in a bad marriage situation. It worked. He simply could not get title insurance. He eventually bought her off for a second time to sell the property.
Note that such things as a Deed generally require a notary and that the signer can sometimes be guilty of perjury if the document is not legal.
You might want to talk to the County attorney or the Recorder and see if they can do anything.
I'm sorry this nightmare continues. How did you discover his action? Did you speak with the recorder's office as to how/why they would permit this? I would think that when someone applies for a warranty deed there is some check in place to prevent this kind of nonsense.
One note in doing a little research. Confirm that the County Treasurer (or whoever sends tax bills in your county) has your address and name. From what I saw online for Clark County NV, he has to provide a place/name to send the tax bill. You don't want to miss this bill.
I'd also file a fraud complaint with the Attorney General for NV. Probably nothing will come of it, but it will be part of your paper trail. You can do it online.
One more note: if he really recorded a warranty deed, he has likely broken laws. Warranty deeds typically imply that one has the right to transfer the property as the rightful owner. He didn't have the right to do that. (Although I know he thinks he does.) It's probably just another part of his game trying to prove he's the rightful owner.
Another defendant (in a lawsuit he enjoined us to) notified us that this psycho filed a warranty deed on our property. He regularly goes through a checklist of websites to monitor this guy and just went to the Clark County Recorder website and did a search on the guy’s name and found the record. I have a copy of the document; it is notarized but he simply granted the property from himself to his trust, indicating his address was that of the house (our address) and the Trust’s address was his P.O. Box so the filed document went to the P.O. Address.
I phoned and wrote the Recorders office and they said they are by no means validators of any documents that are filed. And they said they do not ever verify a filed deed has the owner’s permission. However, they do not publish a different owner’s name unless the actual recorded owner transfers the deed/ownership. So, on the county Tax assessor’s website we are still the listed current owners. They simply file any document and collect the fees and told me if something needs to be challenged I should contact an attorney.
Yes, he really did file a warranty deed. And, yes, its fraud. But since his deed transfers ownership between himself and his trust, and doesn’t have any indication of the current owners, this clouds our title but does nothing to prove his ownership. Just annoying as all get out and we will take legal action. I’m just wondering how to prevent a reoccurance.
Actually it is pretty clever. I believe that deed simply transfers what rights were owned by the Trust to him. And if they owned none...nothing transferred. But I would think the trust company still needs to quiet the title. Otherwise you run into a stone wall if you try and sell the property.
Actually it is pretty clever. I believe that deed simply transfers what rights were owned by the Trust to him. And if they owned none...nothing transferred. But I would think the trust company still needs to quiet the title. Otherwise you run into a stone wall if you try and sell the property.
You described a quit claim deed, which transfers whatever interest the transferor has in the property to the transferee. A warranty deed warrants (guarantees) that the transferee is receiving a clear title subject only to previously recorded impediments (such as CCRs or easements) in the chain title. Theoretically, this person's trust could sue the individual person for fraud.
Yes, he really did file a warranty deed. And, yes, its fraud. But since his deed transfers ownership between himself and his trust, and doesn’t have any indication of the current owners, this clouds our title but does nothing to prove his ownership. Just annoying as all get out and we will take legal action. I’m just wondering how to prevent a reoccurance.
As part of the legal action, perhaps the judge would issue a restraining order prohibiting the previous owner from recording such fraudulent documents in the future. That could make him liable for a little jail time for violating the restraining order.
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