Posted on: 28th Jan, 2008 06:09 pm
we purchased a property in 2001 and 5 years later ran into problems. the ingress/egress to our property reads less and except. on the other persons property that we pass through the title also reads the same (less and except). the other person thinks that he owns that property and tore down the fence within the 50 foot ingress/egress and now wants to take down my lights within the area. the fence and lights were there when we purchased the home in 2001 and were in place since 1996.
upon digging deeper we found that the bank asked for a quit claim from the developer. the developer quit claimed all property back except for 3 lots sold and built upon. the pool and pool house was under the poa. the bank sold the pool and pool house to a brother-in-law for 1/2 value but did not settle the poa and saids that they do not have to. the poa is still a record as of today.
in addition, a year later the bank asked about common property b that was now added to lot 13 which was the developers home. the bank forced/threaten (copy of letter from bank attorney) to turn over meants and bounds of common property b as on the first plat.
the city would not approve the first plat and make recommendations in their minutes that the developer followed which joined property b to lot 13 due to ordiances.
the 2nd quit claim deed was signed by the developer but it described both plats (original and the re-plat per city suggestion). this was done to protect the ingress/egress to lot 13 of the original plat.
the bank later sells common property b to a friend under a warranty deed and drops the original plat description from the quit title to the new title, but the less and except in regards to the ingress/egress is still there.
what goes here? do they have a right to do this and change property description and not replat the property nor get approval from the city?
the property (original property b) was taken away in 1998 and sold to a friend of the bank in 2000 (but his deed only mentions the second plat which plat shows his and my property as one). i have turned this over to the title insurance company.
a number of questionable issues here.
dave s.
upon digging deeper we found that the bank asked for a quit claim from the developer. the developer quit claimed all property back except for 3 lots sold and built upon. the pool and pool house was under the poa. the bank sold the pool and pool house to a brother-in-law for 1/2 value but did not settle the poa and saids that they do not have to. the poa is still a record as of today.
in addition, a year later the bank asked about common property b that was now added to lot 13 which was the developers home. the bank forced/threaten (copy of letter from bank attorney) to turn over meants and bounds of common property b as on the first plat.
the city would not approve the first plat and make recommendations in their minutes that the developer followed which joined property b to lot 13 due to ordiances.
the 2nd quit claim deed was signed by the developer but it described both plats (original and the re-plat per city suggestion). this was done to protect the ingress/egress to lot 13 of the original plat.
the bank later sells common property b to a friend under a warranty deed and drops the original plat description from the quit title to the new title, but the less and except in regards to the ingress/egress is still there.
what goes here? do they have a right to do this and change property description and not replat the property nor get approval from the city?
the property (original property b) was taken away in 1998 and sold to a friend of the bank in 2000 (but his deed only mentions the second plat which plat shows his and my property as one). i have turned this over to the title insurance company.
a number of questionable issues here.
dave s.
Hi Dave,
Welcome to the forums.
If the property is yours, then the bank cannot change the description without informing you. And how did it get the quitclaim from the developer. As far as I understand if the property is yours, you should quitclaim it to the bank if required.
Take Care
Welcome to the forums.
If the property is yours, then the bank cannot change the description without informing you. And how did it get the quitclaim from the developer. As far as I understand if the property is yours, you should quitclaim it to the bank if required.
Take Care
Dave,
What I can say is, the bank shouldn't have changed the description of the property. But did they asked for a second quitclaim just because there was a common property added? This seems quite confusing.
I think you'd better consult an attorney. May be jheard can give some better advice. He's a lawyer and one of our community members too and one having sound legal knowledge.
What I can say is, the bank shouldn't have changed the description of the property. But did they asked for a second quitclaim just because there was a common property added? This seems quite confusing.
I think you'd better consult an attorney. May be jheard can give some better advice. He's a lawyer and one of our community members too and one having sound legal knowledge.
You have a very complicated issue that cannot be adequately addressed in this forum. You need to consult with a local real estate attorney.
