All Forum Posts by: Candace Ellison

An update on my current deed situation:  The attorney who represents the lender (Ditech) sent a quit claim deed in the mail for me and the other said owner to have signed and notarized. Other said owner says he is not signing because he is still on the hook for the mortgage. The attorney's  letter confirms that the legals were switched on the mortgages but are correct on the conveyance deeds.  Not sure what to do at this point since the other guy will not sign. 

Would filing a quiet title work or could I file suit and if so who do I sue?

I work for a mortgage company in Nashville but I do have a few rentals in Chattanooga. I was an agent for 4 years. 

No but GKhouses is pretty solid

@Melanie Hartmann

No need to defend yourself or your decision to leave your 9-5. If you feel that you have put systems in place to help you transition into this career then good for you. Most people don't have the guts to do what you have done. Everyone's entry in RE is not the same. Sometimes brave decisions looks foolish to people who don't understand. 

Good job and I hope it works out for you.

@Wayne Brooks I am still trying to read through the title searches that I received to get a better understanding of where the ball was dropped. I am forming  the same conclusion that the bank foreclosed on the wrong property.  I finally spoke with an attorney and was told I am partially responsible for this error because I did not obtain a survey. I will consult with a few more and I will be sure to report back throughout the process.

 Thanks for suggestions. 

@Wayne Brooks The backstory: The previous owner purchased two duplexes with both properties next door to one another in which one of them was the one I own now.

It's has been a challenging scenario to follow the history of the conveyance but from what I can comprehend two owners ago their was a slight discrepancy . Calls within the legals were different, with the beginning points being off a bit. 

From what I understand when the previous owner purchased the duplex the conveyance deeds had correct legals but somehow the legal descriptions were switched  on the mortgages. 

It's all a mess because I don't know how the previous owner is still on the hook for the mortgage. 

I purchased a foreclosure duplex 4 years ago and used the banks recommended Title agent and purchased Title insurance. Last year, I decided to list the duplex for sale and I learned that my deed's legal description was incorrect once I had the property under contract.

The duplex next door to mine is the one that is actually deeded to me and fits the legal description that I have on my deed and vice versa. I filed a claim against my title insurance and was denied several times. I was told that it was not covered because I should have gotten a land survey during my due diligence period and that the policy covers only the land it describes. I contacted the title agent and  I was told it was an easy fix with a scriveners affidavit and reached out to the previous owner who agreed to sign a corrected deed but now the previous owner is not cooperating (previous owner says he is still paying a mortgage on the foreclosed property somehow).  What is my next step to have this corrected? 

I was contacted by an attorney who represents the bank who foreclosed on the property and he told me that they were anxious to fix the problem but it's been over a year now and the updates he gives me are still the same.

I am looking to build a duplex in Chattanooga and need recommendations. 

Enjoyed reading this thread. That's some good appreciation.  Thank you for updating us. 

I just call the utility company myself and check.