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Updated almost 9 years ago on . Most recent reply

User Stats

5
Posts
2
Votes
William Jones
  • Investor
  • Woodbine, GA
2
Votes |
5
Posts

Homesearch issues

William Jones
  • Investor
  • Woodbine, GA
Posted

Hello everyone! I am currently purchasing a home search property, cash deal, to move to in SE Georgia. House was listed at 71k, I offered 45k, then 51k, then it went to auction, I won that at 46k and after a week they sent me a high bid confirmation and contract. 

I did a search through clerk records and saw they had a recorded deed and everything looked ok. Contracts were fully executed on a Friday, July 24th, the next Wednesday (29th) the closing attorney told me we had all title documents and seller executed deed and they were just waiting for a tax payoff and we would be closing shortly...that sounded odd to me since I had already questioned the tax office and there were no taxes owned on the property I purchased. However, the parcel next to it had taxes owed on it. At one time it was a 5 acre parcel that had been divided years ago into a 1 and a 4 acre parcel. I was purchasing the 1 acre parcel, the legal description in the deed was correct, tax records showed separate parcels, however, the same owner owned both parcels.

I called back this Monday the 3rd and closing attorney's office told me there was some sort of property description issue, asked if I'm buying the 1 acre parcel with the house, and that they had to have the correct legal property description from the seller. (They thought I was buying all 5 acres, both parcels) I sent them a copy of the deed, legal description and tax documents I had to hopefully aid in this. I called the post auction co-ordinator to alert her to the issue to which she told me it was not the seller's issue and it is the closing attorney who needs to correct the issue. 

I reached out today the 6th, and nobody has heard anything from either side. 

Any advice? I feel like I need to go up the management ladder until I get someone who will look into whatever this silly error is and correct it. Anyone have home search contacts? Or would this have to be Nationstar Contacts? 

Thank you! Looking forward to asking more questions about real estate investing after my move! 

Most Popular Reply

User Stats

5
Posts
2
Votes
William Jones
  • Investor
  • Woodbine, GA
2
Votes |
5
Posts
William Jones
  • Investor
  • Woodbine, GA
Replied

@Pat C. Hey Pay, I am currently living in the house I was talking about then so everything worked out! 

The issue was on the contract no legal description was given, which is required in Georgia, they only entered the phrase "see prelim title report" where the legal description was suppose to go.  The preliminary title report showed two parcels, a 4 and a 1 acre, which was originally one 5 acre parcel. What had happened was when they built the house they subdivided one acre, and placed a mortgage on it, refinancing it throughout the years until BofA had the loan and foreclosed. The other 4 acre parcel didn't have a mortgage on it. The title company who did the search had to argue with the sellers that they didn't have the right to sell property they didn't own! After a week of back and forth it was finally ok'ed to close and I took possession of the property 2 days after. 

Now to obtain the other 4 acres! Lots of back taxes owed, something like 9 years worth, and the county still hasn't done a tax sale! 

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