Real Estate Question...

[Eric Wettschreck]

Moose, why don't you offer both parties 100 bucks each to take the property offa their hands. Then everyone comes out smellin good. You get some property for cheap cuz you had to put up with their crap and they no longer have a reason to not get it over with and strangle each other. Then you can throw a big bon fire party on your new property and invite all the FM'ers that helped ya out of this particular sticky situation. I'll gladly bring some beer.

I'm reading some of these posts and I can just picture it. Party A and Party B are actually Spy vs. Spy and party A is the white spy and party b is the black spy.

[Moose-Hunter]

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I really enjoyed reading this. Not that I wish trouble on anyone but it's interesting to see the pickle people get into. I have a question. How could party A get a mortgage if party B has an intrest in the property. Normally you sign documents indicating no one else has an intrest in the property when you get a mortgage.

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To answer your question... Party "A" already had the mortgage and fell upon some hard times. Party "B" stepped in and helped party "A" (financially) in return for 50% value in the property. Party "A" is the only person on the mortgage...

[Moose-Hunter]

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Moose, why don't you offer both parties 100 bucks each to take the property offa their hands. Then everyone comes out smellin good. You get some property for cheap cuz you had to put up with their crap and they no longer have a reason to not get it over with and strangle each other. Then you can throw a big bon fire party on your new property and invite all the FM'ers that helped ya out of this particular sticky situation. I'll gladly bring some beer.

I'm reading some of these posts and I can just picture it. Party A and Party B are actually Spy vs. Spy and party A is the white spy and party b is the black spy.

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Boilerguy...

I WISH!!!! I have actually offered party "B" an amount upwards of $10K MORE than their interest in the property to sign off on the deed. In cash no less. Their response to me... "blankity blank,you rotten so and so!!! No dice!"

It's my assumption that party "B" will not deal. Now or ever. Unless the courts are involved. And even then I'm not so sure...

I print this thread daily and have been listing names... So when/if the "it's finally over and will someone give me a match" party ever takes place, invites will be extended to not only the folks who posted, but to all of FM!!

And Boilerguy... The beer (and there will be quite a bit) is on me!!!

[Eric Wettschreck]

Dude, if you got a "Go F yourself you blakety blank," I'm dying to know why you even give a rats tinly little butt cheek about how it ends up?!?!?!?

For the record, I enjoy a good bon fire with beer.

[Heidi]

Ya....she looks bleak to me with no written agreement. What you need is a bad woman. A bad woman will make any man sign away everything and leave town. Check local bars or convience stores with kids in the front seat with the car running. Shouldn't take too much looking. Good luck

[hartner62]

Why wait until an agreement is met, lets just have the party this weekend!!

[IFallsRon]

Call the county attorney's office in the property's jurisdiction. Give them a Cliff's Notes version of the problem. They may give you direction as to the best steps to take for resolution.

[PierBridge]

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I'm dying to know why you even give a rats tinly little butt cheek about how it ends up?!?!?!?

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Money....

[Moose-Hunter]

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Dude, if you got a "Go F yourself you blakety blank," I'm dying to know why you even give a rats tinly little butt cheek about how it ends up?!?!?!?

For the record, I enjoy a good bon fire with beer.

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I've asked myself that very question a bunch of times...

All things considered, I could really give a rat's patoo about this whole thing. Even after any resolution, I get no real compensation. However, without resolution, this whole mess keeps one too many roosters in the hen house.

If you're ever in my next of the woods... Drop me a note at the email listed earlier in the thread... Now that the weather is cooling down a bit, it's gettin' to be Redneck Skeet Season... A past time for all those who enjoy the outdoors, a good bon fire, and a few libations... But that I'll save for another thread...

[Moose-Hunter]

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Ya....she looks bleak to me with no written agreement. What you need is a bad woman. A bad woman will make any man sign away everything and leave town. Check local bars or convience stores with kids in the front seat with the car running. Shouldn't take too much looking. Good luck

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Good idea!! However, I wouldn't wish party "B" on ANYONE!!!

[Moose-Hunter]

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Why wait until an agreement is met, lets just have the party this weekend!!

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ANOTHER GOOD IDEA!!! If I didn't already have plans, I'd be sending out the invitations...

[Moose-Hunter]

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Call the county attorney's office in the property's jurisdiction. Give them a Cliff's Notes version of the problem. They may give you direction as to the best steps to take for resolution.

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That's one I know party "A" has not tried yet!!! Heck of an idea there Ron!!! Thanks!!!

[Moose-Hunter]

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I'm dying to know why you even give a rats tinly little butt cheek about how it ends up?!?!?!?

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Money....

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I get nothing out of this but peace of mind upon resolution... Party "A" has a valid interest and if they feel the "need" to bump the Moosehunter a few sheckles.... Who am I to refuse?

[toonfish]

Moose, to answer your prior question about title.....You just need to check with the county offices to see who is listed on title. Hey, maybe the quit claim was never recorded correctly and "B" isn't officially on title and you can send them packing with the sheriff at your side. Your county has a wesite also that you can do a property search and view how the title is recorded. Just google your county and go to the tax section for property searches. Or call the county offices. Who sent the quit claim into the county to be recorded, was there a title company or attorney involved in that process? If you need help with this I am willing to help. (Contact Us Please).

[Ice Cold]

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You just need to check with the county offices to see who is listed on title. Hey, maybe the quit claim was never recorded correctly and "B" isn't officially on title and you can send them packing with the sheriff at your side.

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This is not true in that the purpose of recording is to put third parties on notice of "B" interest in the property. Between the two parties the quit claim is effective as long as the quit claim was properly executed.

[Justfishing]

A couple of things. First off is that A is the mortgagor - that is borrower. The mortgage created a first lien position for the mortgagee- the lender. The deed can change names/owner but until that first lien is cancelled the lender will always have a right to foreclose on the property regardless of who owns the property now. If I sold you my house and you didn't check to see that there was a lien on the property that lien does not go away. It becomes an encumberance to the title that may allow a third party such as a lender to take ownership.

The lender is not going to take A off the mortgage so he will be responsible to pay the mortgage. Also, it doesn't matter who is making the payments, that has no affect on ownership. If I let you live in my house in lieu of you making my mortgage and tax payments I have not given you an ownership interest. B paying the mortgage payments does not change his ownership position, doesn't give him any more rights or equity in the property.

Recording a lien or a deed puts others on notice to a claim on the property. Whom ever records 1st is 1st inline, that is why it is critical to record something right away. That is why when you buy a property the title company looks for old liens, etc to see that the title is clean.

I also know that you need to record a deed before someone dies. That is I can't give someone a quitclaim deed and tell them they can record it after my death.

If B has a legally binding interest in the property and does not want to sell then A has to file a partition lawsuit. A judge will then order the sale of the property and the proceeds split.

Also, real estate contracts must be in writing. If A and B have an agreement that the property can not be sold for x numbers of years, etc it must be in writing.

[IFallsRon]

Bump

[luckey]

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You just need to check with the county offices to see who is listed on title. Hey, maybe the quit claim was never recorded correctly and "B" isn't officially on title and you can send them packing with the sheriff at your side.

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This is not true in that the purpose of recording is to put third parties on notice of "B" interest in the property. Between the two parties the quit claim is effective as long as the quit claim was properly executed.

Well not exactly. I obtained and recorded a quit claim deed (for a lot) from a developer. The development sat in limbo for many years and I assumed the developer was paying taxes on the project. Life went on and for one reason or another I didn't do anything with the lot for 5 or 6 years. Then one day I passed by and saw a house was built on the lot. I went to the court house and saw that a few years prior, some jacka$$ lawyer had filed a "quiet title" action and took possession of the lot. The developer had previously sold the project and left town. A quiet tile is done when one party cannot be located. The lawyer took great pains to avoid finding me. He even went as far as sending a document to me at an address near his office and then marking it with "no longer here". The court house had my correct, current address on the quit claim deed, and any (Contact Us Please) could have found me in 30 Seconds. At the time I didn't have the money to fight it but today I would expose the guy and take back the property.

[Justfishing]

Luckey

You said that you did nothing for years and assumed the developer was paying taxes. A couple of things may have happened.

A quit claim deed only says that A transfers whatever rights A has in the property to B. Maybe for some reason he did not hold proper title to the property in which case he gave you nothing. A quit claim deed can transfer title to a property but it is not the best way to do it. A quit claim is mainly used when it is unsure if someone has an ownership interest and is used to state that the person transfer whatever interest they may have. I see is used in divorces when an ex gives up any interest in a property.

Another thing is if the back taxes had not been paid then the county can sell the property. Some times there is a period where the owner can reclaim the property by paying the taxes and penalties. If you owned the property the assessor should have listed you as the owner and billed you for the taxes. Were you ever listed as the owner of record by the assessor and treasurer? If not then I wonder if you were ever the legal owner.

[Big G]

Nothing can be done. Just because you don't like each other is no justifiable reason for a judge to state what should be done.

If title was done correctly with the quit claim being filed, then the 2nd party is on title.

If the quit claim was not filed, boot out the 2nd party.

However, if the 2nd party comes up with the quit claim, it is your loss.

99% of the quit claims I see generated are NOT filed properly with the court house. Title companies are the only one reliable for getting court records updated.

stupid is as stupid does........This story is about as stupid as it gets.......