All Forum Posts by: Tom Gimer

Let’s hear from someone who declined TI that had to deal with a significant title claim out of pocket. The attorneys fees alone could put many out of business.

There is a reason they make you decline coverage in writing in many/most states.

@Christine Garnier The quitclaim to the “buyer” would likely be followed at some point by a quiet title action and perhaps a lis pendens filing. If defended by the record owner or its representative, a counterclaim for slander of title would likely be pursued against the “buyer” for creating a cloud on title. 

Would the grantor of the unrecorded quitclaim be brought in as a defendant? Doubtful under the circumstances… but I would be sure to research local law on what constitutes a false and malicious statement (and by whom) in this context. As a witness? Likely. 

Hahaha

Keep trying and maybe someday your numbers will impress Mr. Trench.

The question was can an adverse possessor of land convey an interest (or perhaps no interest) in real property by quitclaim deed... with the quitclaim being requested by the buyer. The answer is of course yes.

Quitclaim deed, assignment, agreement, whatever... all would create the necessary privity to tack.

If I'm reading this correctly, now we're supposed to be concerned about slander of title liability for someone who has represented nothing (and further, published nothing) about the interest. Odd.

I’m surprised by this response. 

Give good advice to a colleague on a unique fact pattern … get 1 upvote. If you’re lucky. 

Give a funny response on a “trending” thread … get 20+ upvotes. 

If the vendor filed suit in the wrong court (which it did) and lost (which it did), I would simply confirm with a title company/insurer that the “lien” has either expired or been dissolved as a matter of law and stop wasting my money. 

A quitclaim deed would be the only way to “sell” anything here. 

Is paying some back taxes current the same thing as public, continuous, exclusive, uninterrupted, and peaceable possession of the land? Notice the “and”.

I’m guessing the offer is pennies on the dollar of assessed value and the offeror is experienced in pursuing QT actions on his/her own behalf.

If the MA decedent died without a will but with a wife and no parents or descendants, the wife inherits everything.

A nephew is not a descendant.

Pretty easy to figure out whether they were married and if so that would clear up the “next of kin” issue. 

This thread involves a potential contract claim and yet the precise contract language has not been provided. 

I would be very surprised if the contract in question (or local law) allowed the deposit to be forfeited as liquidated damages while also allowing the seller to pursue contract damages. This is referred to as election of remedies in the states and it's a doctrine which would prevent the later action for contract damages. I have no idea if there is a similar doctrine in Canada but there should be as it is based upon common sense. You can't double dip on the same set of facts.

Never, ever fall for a "we've updated our wire instructions" email purporting to come from a title company... whether requesting an EMD, cash to close, anything.

Verify that every email address contacting you regarding a real estate transaction is not a spoof. Every character counts. The scams are getting deeper and more clever.

Call the title company directly at their published phone number to confirm wire instructions immediately prior to sending any funds.

Most title companies are now using enhanced wire fraud protection methods so be prepared to deal with delays these extra precautions may cause in disbursement.