All Forum Posts by: Elizabeth Pharis

The matter has been settled after a VERY lengthy process.  We received a clear title this year.  

@Russell Brazil, 

We did get owners title insurance.  They're stating that the insurance we bought is only covering the driveway though....  I'ts a big mess.

@Mark S.

I'm not sure if I'm allowed to say.  I wouldn't want to shoot myself in the foot.  

@roy 

@Roy Oliphant The attorneys I consulted with looked over all the paperwork,  I guess they found what they were looking for because they said I had a good case against the title company, the agency, and FM.  The "get out of jail free card"  was missing from the deck.  I'm no attorney, but i know they wouldn't be taking this on if they didn't think I had a leg to stand on.  But as I've said all along, I just want my damn house.  I don't care about suing, and treble damages whatever the hell that is.  We have put more than just a lot of money in this place.  I'ts been almost a year of blood, sweat and lots of tears.  I will only do that if it's my last recourse.

@Wayne Brooks,  Yes I have talked to one of the heirs.  He's the one who actually owned the driveway. And all the land around it.  He's willing to help however he can and wants us, when this is done, to buy the rest of the land too.  The original company who did the original loan has found the error.  They did a reverse mort. on the driveway description but clearly intended for it to be the house and other property.  They are either going to get a title correction based on that.  Or have stated they will ask the heirs to sign over the property.   There is a large lien against it right now, and none of the heirs will want to pay that off.  

Like I said before, I have consulted with an attorney,  He pulled some friends in and now there are 3 who will and want to represent me.  But, i'm trying to give the companies at fault a chance to fix it.  I gave them 30 days for clear title and 7 days to let me know how they plan to get it.  Yesterday I heard from the agent/seller .( Yes @Greg H., they worked for the same company and never notified me of it.  So, no there was no agreement. ) 

According to the agent, FM, the foreclosure company, and both title companies are meeting this afternoon to see how they can fix it.  No one is finding us at fault in any way,  because the contract clearly states the address with the house and not the driveway.  They have specifically asked me not to get an attorney, vowing they are going to make it right.   I should know more this afternoon.  

Thank you all for your input, this has made the process a little easier on me.

@Kim Knox,

Thank you, will do.  And I appreciate your input.  As of this moment things are the same.  No one is returning calls or emails.  And when they do, it's more of the blame game.  I'm having to take a step back for a bit just to get my head on straight.  This has been devastating to my family, and caused us more stress and heartache than anyone should have to endure.   I will definitely keep you updated.

@Kim Knox

Those are some very good questions.  I'm going to look through the paper work and find out whether or not Fannie Mae was the insured seller.  As far as the Agent,  what I found out recently through this ordeal is the Seller's agent is her partner.  They work together.  We had no idea they were working for us both.  My agent is the one who assured me the sellers agent ( we now know to be her business partner) .  Had gone to the tax office to verify the proper house and address.  When we we made the first offer on the property she made it seem like she had to wait to hear from FM.  When she was just asking her partner.   The driveway is not access to anything but the back of a building the son owns.  He never uses it.  I think he did back in 2000, but since has just left it sitting.  In fact, we keep up the mowing, etc.

Yes the tax lot # is listed, the sellers agent sign was in the yard of the house, with what ended up being our Agents name and number listed.  We found the house online through realtor.com and got a hold of her that way.

The title company from 2004 has been on notice from the tax office since August of 2014.  Instead of fixing the title, they just kept selling it off.  From what the current title company told me, the original reverse mortgage comp has the house and address listed as part of the loan.  They just never added the legal description correctly.  So now it's back to the original company to add the legal description to the original contract.  As far as "getting money back".  They will have to agree to make us whole.  All of the money we're out of pocket on this house, etc.  

It's easy to say, " just get your money back and walk away."  This is our entire life savings.  We cannot just simply tell them to give us a refund for purchase price.

As far as taking steps to protect our improvements, i believe so.  We have a vendors lien against the property, with us listed as 100%.

I have given 30 days to rectify this situation, and 7 days to notify me of how they plan to do it.  The county clerk and appraisal district have put a vendors lien on the property so no one can sell it or try to take it from us.  As far as the title companies, none of them are in this area,  there were 3 different ones since 2004 and they're all in Dallas and Houston.  I tried to pm but it didn't go through yet.