All Forum Posts by: Tom Gimer

The type of lien(s) that are on title is irrelevant to whether a sub-to buyer can obtain owners title insurance. Those liens will be exceptions on the new owners policy, of course. 

In the fact pattern OP expressly identified the issue as not lender-related but rather a tentative closing agent.

The post-closing redemption may make the lender feel better, but it doesn’t solve much. If the borrower defaults and the lender forecloses, the interest foreclosed will be the leasehold (unless the legal description in the DoT expressly includes after-acquired property…. which is highly unlikely).

Whoever prepared that deed didn’t know what they were doing and also cut and pasted language from a title insurance commitment into it. As a buyer I would require a general warranty deed to start cleaning this up.

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Here, the newer map shows this box extending my property around the shed. However, my deed does not have this extension, so I cannot sell it. 

Presumably there is something recorded among the land records establishing a new lot line. The most recent surveyor relied upon something to draw those segments.

The legal description of your land may now include 2 parcels found in 2 separate instruments.

Fairly simple fix if this was missed -- a confirmatory deed could be executed by your seller that correctly describes the land and conveys all of it.

 Thanks for the reply, but I am the seller! How do I go about this “confirmatory deed”?

The seller who you acquired the property from would execute the confirmatory deed to correct the conveyance. Most often it is the title company/attorney who handled the prior transaction that would help fix the issue. They should have your seller’s contact information. 

 I see. The seller had the same map reference as I do though. So I’d have to go back to who she got the property from. 

IMO, the 2019 title search was incomplete... because the title company/attorney/abstractor missed whatever the surveyor of the neighbor's land caught in 2013. That small parcel should have conveyed in 2019 but did not.

The legal description in the 2019 deed was likely copied from the legal in the deed whereby your seller acquired the property... incorrectly.

 Yes! My thoughts exactly. So I’m just trying to figure out how to fix it. It seems like I’ll have to get signatures from the old sellers estate/power of attorney from before the mistake was made. 

My best guess is sometime in between when your seller acquired the property and when they sold it to you, they acquired that small strip of land from the neighbor. On the drawing it's not shown as an easement, so there must be a deed recorded. If that's the case you'll just need a confirmatory deed from your seller that includes parcel 1 (the large lot) and parcel 2 (the strip). If the error was made further back in the chain from your seller that just means more parties need to be involved in correcting the issue.

Quote from @Ben Pupa:

Quote from @Tom Gimer:

Quote from @Ben Pupa:

Quote from @Tom Gimer:

Quote from @Ben Pupa:

Here, the newer map shows this box extending my property around the shed. However, my deed does not have this extension, so I cannot sell it. 

Presumably there is something recorded among the land records establishing a new lot line. The most recent surveyor relied upon something to draw those segments.

The legal description of your land may now include 2 parcels found in 2 separate instruments.

Fairly simple fix if this was missed -- a confirmatory deed could be executed by your seller that correctly describes the land and conveys all of it.

 Thanks for the reply, but I am the seller! How do I go about this “confirmatory deed”?

The seller who you acquired the property from would execute the confirmatory deed to correct the conveyance. Most often it is the title company/attorney who handled the prior transaction that would help fix the issue. They should have your seller’s contact information. 

 I see. The seller had the same map reference as I do though. So I’d have to go back to who she got the property from. 

IMO, the 2019 title search was incomplete... because the title company/attorney/abstractor missed whatever the surveyor of the neighbor's land caught in 2013. That small parcel should have conveyed in 2019 but did not.

The legal description in the 2019 deed was likely copied from the legal in the deed whereby your seller acquired the property... incorrectly.

Quote from @Ben Pupa:

Quote from @Tom Gimer:

Quote from @Ben Pupa:

Here, the newer map shows this box extending my property around the shed. However, my deed does not have this extension, so I cannot sell it. 

Presumably there is something recorded among the land records establishing a new lot line. The most recent surveyor relied upon something to draw those segments.

The legal description of your land may now include 2 parcels found in 2 separate instruments.

Fairly simple fix if this was missed -- a confirmatory deed could be executed by your seller that correctly describes the land and conveys all of it.

 Thanks for the reply, but I am the seller! How do I go about this “confirmatory deed”?

The seller who you acquired the property from would execute the confirmatory deed to correct the conveyance. Most often it is the title company/attorney who handled the prior transaction that would help fix the issue. They should have your seller’s contact information. 

Quote from @Ben Pupa:

Here, the newer map shows this box extending my property around the shed. However, my deed does not have this extension, so I cannot sell it. 

Presumably there is something recorded among the land records establishing a new lot line. The most recent surveyor relied upon something to draw those segments.

The legal description of your land may now include 2 parcels found in 2 separate instruments.

Fairly simple fix if this was missed -- a confirmatory deed could be executed by your seller that correctly describes the land and conveys all of it.

My post was a suggestion to keep your case private. You called out a real estate agent who I actually don't know and doesn't participate on this site and who you publicly called out as a thief. No judgment has been entered.

Mathew if you want to sink your company publicly, please proceed. The title of this thread is THEFT OF SERVICES. It will be hard to back off of that.

Your lawyer will go UGH when he sees these posts.

@Mathew Woolsey Calling someone a criminal on a public forum is actionable even if you win your civil case. Good luck.

Does your boss know you're doing this or are you the boss?