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All Forum Posts by: Al Pekerman

Al Pekerman has started 1 posts and replied 50 times.

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11
Originally posted by @Wayne Brooks:

@Al Pekerman You keep being vague about the "obtained title illegally".  I assume you know Exactly what transpired by now, what was it?  "An agent of a company" and "obtained title illegally" doesn't tell us anything.

 Thats just it no 100% truth to whats going on everyone has a story, but I will tell you what I do know. My seller apparently received a deed to the property which the original owner's relative are claiming should have never been sold because the person that signed the deed is deceased for many years . So Im assuming seller received a fake deed (or some sort of mishaps). While speaking to the title company I said ok great lets make the situation right those people that are claiming to have right to the house lets give them some $ and put this behind us. I asked from title co to ask the relatives to show paper work that they are in fact legal owner prior to any negotiation and no one has any paper work. But everyone is hollering lawyer/ lawsuit.

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11

@Wayne Brooks

The seller is claiming he had a right sell and is getting an attorney. If this goes to court this can take years to get sorted out. What should I do with the fee while this takes the course. (more then half of it is spent anyway)

I never claimed to be a broker, got this deal that was good for me and a friend wanted to it so I assignment it to him. Why did it take so long or why did it even close if title company says they saw the issue from the beginning. 

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11
Originally posted by @Wayne Brooks:

So what Exactly happened? Did someone who was not actually on title, or own it 100%, sign the deed?  Was it a case of a fake identity?

No, You are not covered by title insurance since you were not the buyer, but it sounds the title co. screwed the pooch.  Looks like they are going to have to unwind the sale.

As for the buyer coming after you, it sounds like you simply assigned the contract (didn't double close).  Unless your assignment contract made some guarantees, seems like this is between the buyer, the title co. and the seller.  But yeah, I'm guessing you'll have to give your fee back since "the seller couldn't deliver clear title, and close".

 Correct it was done as an assignment, but was suppose to be double close, title company changed that at the closing table because they did prepare right and for the sake of saving the deal it went as an assignment. Thats just it since everything closed and went through and they found out about the issue later why do I have to get stuck with retuning my hard earned profit. That's just it everyone one is saying give me money but no one is promising that they will take care of the headache. I rather hold on to the money and use it on lawyer till its settled rather then give back the money and still have to have a lawyer.

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11
Originally posted by @Tom Gimer:

One of the most important responsibilities of the title company is to identify the actual property owner(s) as well as who is/are authorized to execute the deed and other settlement docs. Sounds like somebody on the title side screwed up royally here.

Were you dealing with the PR of an estate? Agent of a company? More details please.

 Dealing with an agent of a company who apparently acquired the property illegally and then sold it my way.

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11
Originally posted by @Kenneth Anderson:

What's up Al,
I'm sorry you are going through this. You might have to get a lawyer to help you out. Don't think this is on you. The title company made a huge mistake.

FYI, check your county assessor's website along with having your title company run a title check.

Hope everything works out

God Bless!

Kenneth

 I don't think its my fault and am very sure its title co, but that doesn't make it easier. Going to start a search for a lawyer

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11
Originally posted by @Brad L.:

So you're saying the Buyer is going to file a claim with the Title Company for the insured amount and come after you for the additional costs like paying the architect, pulling permits, etc? Or are you saying the Buyer is coming after you for everything? Because the latter doesn't really make sense.

Correct come after me for the additional cost. Title co say they will come after me for everything I got paid plus as well. But the owner/seller relatives are wanting to make claim to it as well, claiming that it should have never been sold. Its just a mess. 

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11
Originally posted by @Matt K.:
Originally posted by @Al Pekerman:

Thats exactly what I said!!! They said that the policy doesn't cover me only the end buyer.

 and what did the contract you signed with the title company say? They might call your bluff but you could always ask for documentation to back up that claim...

Thats just it I didn't sign anything. I put the seller under contract brought that over to title co gave them $300 to get the ball rolling, waited for them to give the green light, found seller and gave him an assignment closed.

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11

Title says they don't cover me only the end buyer!! and there-for will go after me as well. End buyer says he's losing more not just the house i.e. (architect, permits, etc) also will go after me to get that back. 

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11

Thats exactly what I said!!! They said that the policy doesn't cover me only the end buyer.

Post: Nightmare!!! Deal went through title, close, and know lawsuit!!!

Al PekermanPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 50
  • Votes 11

So I'm in the middle of what seems like the twilight zone. I'm wholesaling the deal, found seller, buyer, closed, cashed the check. Done deal title company calls month later opps deal is bad not the real owner we missed something and should have never closed. Seller is nowhere to be found, and everyone is wanting to sue me because I put the deal together.