Last Friday I took a seminar on Title vs Survey issues and boy am I glad I did.
The content as always was a little dry but I learned a metric shit load about title issues.
The main reason I took the particular seminar is because I am involved in a problem that was created by an RLS that worked for me several years ago and yes of course my name is on the map.
What happened is this. He did a land division and prepared what may or may not be a bunk legal. I am yet to reach a conclusion. All of the line work is perfect etc.
He later amended it but the descriptions remained the same.
The description was recorded, map filed, the monuments were set, walls were built etc. The buyer assumed he was getting an acre.
Long after the RLS was gone from my company they came back for another amendment and I personally did it and inadvertently fixed the descriptions.
Now here is the crazy part. They never got title insurance on anything. The buyer had it but our client never got it because they owned it outright.
Problem: Buyer loses property to bank, a new guy buys it from the bank with the assumption that he is purchasing the property within the walls, he has a title policy.
The new buyer being diligent gets a survey done and discovers that that deed is that of the old split and that the seller had never adopted the second amended. All of the monuments reflect the lot split but the deed does not and now he thinks he owns an additional 1/4 acres.
I received a call from a very cool surveyor telling me what was going on. He said our survey was awesome and all of the monuments hit really well. I explained to him that they obviously never had any title work done, he agreed and I thanked him and waited for my client to call.
Well we all know what happened when the client called. Of course they are thinking this is our fault. I promptly told them that this is a matter of title and the buyers company was responsible.
I will tell you that making an angry person believe that someone as glorious as a title company man could make such a huge mistake is almost impossible.
It sure is fun owning a business!!! Just one hoot and holler after another.
Well we had a meeting. I put my insurance company on notice. We spoke a few more times and I am yet to hear anything else.
What I did tell them is if they decided to try and sue me for any reason the insurance company would sick some big bad wolf of an attorney all over them, he will prove that they were remiss in the issue, he will prove it is in fact a title issue and he will drive their legal fees through the roof and all I will have to do is meet my deductible.
They also threatened to turn me in. I told them they could but it would do them zero good to do so. I am thinking they are of the mindset that kind of thing is public like the ROC and it would in some way hurt my biz because anyone can have a look for marks.
Now these people are very niece and amiable and I hope it stays that way. I told them I would help in anyway that I can but my hands are tied until they sign a release stating that they will not sue me.
We will play the waiting game now. I have a feeling it will all work out to their benefit. That is if they follow proper protocal.
The content as always was a little dry but I learned a metric shit load about title issues.
The main reason I took the particular seminar is because I am involved in a problem that was created by an RLS that worked for me several years ago and yes of course my name is on the map.
What happened is this. He did a land division and prepared what may or may not be a bunk legal. I am yet to reach a conclusion. All of the line work is perfect etc.
He later amended it but the descriptions remained the same.
The description was recorded, map filed, the monuments were set, walls were built etc. The buyer assumed he was getting an acre.
Long after the RLS was gone from my company they came back for another amendment and I personally did it and inadvertently fixed the descriptions.
Now here is the crazy part. They never got title insurance on anything. The buyer had it but our client never got it because they owned it outright.
Problem: Buyer loses property to bank, a new guy buys it from the bank with the assumption that he is purchasing the property within the walls, he has a title policy.
The new buyer being diligent gets a survey done and discovers that that deed is that of the old split and that the seller had never adopted the second amended. All of the monuments reflect the lot split but the deed does not and now he thinks he owns an additional 1/4 acres.
I received a call from a very cool surveyor telling me what was going on. He said our survey was awesome and all of the monuments hit really well. I explained to him that they obviously never had any title work done, he agreed and I thanked him and waited for my client to call.
Well we all know what happened when the client called. Of course they are thinking this is our fault. I promptly told them that this is a matter of title and the buyers company was responsible.
I will tell you that making an angry person believe that someone as glorious as a title company man could make such a huge mistake is almost impossible.
It sure is fun owning a business!!! Just one hoot and holler after another.
Well we had a meeting. I put my insurance company on notice. We spoke a few more times and I am yet to hear anything else.
What I did tell them is if they decided to try and sue me for any reason the insurance company would sick some big bad wolf of an attorney all over them, he will prove that they were remiss in the issue, he will prove it is in fact a title issue and he will drive their legal fees through the roof and all I will have to do is meet my deductible.
They also threatened to turn me in. I told them they could but it would do them zero good to do so. I am thinking they are of the mindset that kind of thing is public like the ROC and it would in some way hurt my biz because anyone can have a look for marks.
Now these people are very niece and amiable and I hope it stays that way. I told them I would help in anyway that I can but my hands are tied until they sign a release stating that they will not sue me.
We will play the waiting game now. I have a feeling it will all work out to their benefit. That is if they follow proper protocal.
RSS Feed
