All Forum Posts by: John Hogg

Quote from @Alecia Loveless:

@John Hogg I’ve had this problem twice in the past two years where I’ve ended up getting billed for mistakes made due to problems not caught by the title company at the time of closing on two different properties.

Unfortunately for me both times had I not paid them I would have looked like a jerk in our local community and the lawyers would have gotten involved and come back after me.

It was two different title companies.

Sorry to hear that happened to you as well.

Definitely is frustrating to have to jump through hoops and deal with the issues and expenses caused by some of these title issues.

It would help if the title company my lender used would have a valid phone number to call..

Thanks for sharing your experiences as well!

Quote from @Peter Walther:

Quote from @John Hogg:

Hi biggerpockets community,

I could use some advice on a situation that has come to light with my current lender.

I refinanced a duplex property in 02/2021 to a new lender.

I am just finding out today that during the refinance process the new lender/title company input the address incorrectly and only has one side of the duplex address included on title and not both addresses.

This incorrect adress situation has caused a series of insurance billing issues that i am just realizing and the lender will not let me include corrected addresses without proper title or usps confirmation.

Tax records with the county list me as current owner in the property address questioned.

Does anyone have experience dealing with title errors? Is this something I need to correct with prior title company or involve a real estate attorney?

Any advice or help would be much appreciated.

 I'm finding your post aa little confusing when you write that the title company "input' the address incorrectly.  Input it where?

If the property is in Idaho, you would have signed a Deed of Trust to secure the note for the loan. The DOT should have included the legal description of the property subject to the conveyance. Was the legal description for both sides of the duplex used or only one side?

If both sides, what address is the HO insurance company looking for and where does it expect to find them on the DOT?

My apologies for the confusion.

I was able to find a quitclaim deed with the  propertie's legal description in my closing documents.

As far as I can tell, I am discovering the legal descriptions and tax parcel numbers from both title companies match.

However, the  tax assessor's office lists the opposite half of the address than my mortgage company has on file.

My insurance company requires both sides of the duplex address to be listed on policy.

I have still been unable to get in contact with the closing company from my refinance. 

I did finally get my lender to get someone involved in looking into what happened at closing.

Quote from @Russell Brazil:

Quote from @John Hogg:

Thanks so much for the advice Russell. I will see what I can do to reach out their way first.

I couldn't find any title insurance policy information on my closing statement from the refinance. I suppose I will have to dig deeper into my original closing documents.

Do you have any idea if it matters if it is a lender's title insurance policy or an owner's policy?

Id start with owners title insurance. but if you didnt buy it, then youll need to go to the lenders

 Okay great,

I reached out to our original title company today and confirmed original address was correct and had purchased an owner's policy with them on our original purchase.

They recommended reaching out to title company that did our refinance. Unfortunately so far all their phone numbers listed on line go nowhere..

our refinance closing only had a lenders title policy.

Thanks again for the advice.

Thanks so much for the advice Russell. I will see what I can do to reach out their way first.

I couldn't find any title insurance policy information on my closing statement from the refinance. I suppose I will have to dig deeper into my original closing documents.

Do you have any idea if it matters if it is a lender's title insurance policy or an owner's policy?

Hi biggerpockets community,

I could use some advice on a situation that has come to light with my current lender.

I refinanced a duplex property in 02/2021 to a new lender.

I am just finding out today that during the refinance process the new lender/title company input the address incorrectly and only has one side of the duplex address included on title and not both addresses.

This incorrect adress situation has caused a series of insurance billing issues that i am just realizing and the lender will not let me include corrected addresses without proper title or usps confirmation.

Tax records with the county list me as current owner in the property address questioned.

Does anyone have experience dealing with title errors? Is this something I need to correct with prior title company or involve a real estate attorney?

Any advice or help would be much appreciated.

House looks great Jacob. It's getting harder and harder to find houses in that price range out here.

@Kevin Sobilo, This property was originally a upholstery business that was, as you were mentioning, put into use before the zoning rules were established. It was built in the 30's and owned by the same family this whole time. The property is now surrounded by city property on all sides and is one of the last few holdouts of county zoned land in that area. Most change of uses started to look like they were going to require the property to be annexed into the city to be approved. 

It seemed that the property required owner occupancy to use property for business use and residential. We were not looking to occupy the residence on the property so this didn't work for our plan. 

The property had a large commercial shop warehouse, a 3 bed 1 bath house, and a former manufactured home site that had seperate well and septic hookups from the main house. My plan was to rent the house and shop seperately and build a small home in the former manufactured home's location.

The city and county both were not very certain on giving exact answers or putting anything in writing in the time frame that we had for our due diligence and the sellers were unwilling to extend our contract until firm answers on allowed uses came in. 

Thanks so much for your replies.

Just as an update we ran through our due diligence with the county and city. 

We ended up having to cancel this deal for the time being due to discrepancy between what the county would allow vs what the listing agent had supposedly confirmed they would allow.

I certainly learned a bit in the process though, so I guess it wasn't for nothing.

I have a property under contract in Idaho that is zoned ag and grandfathered in as a commercial use. The current owners had been using as mixed use residential/ commercial.

Does anyone have experience good or bad with grandfathered usage. Reasons to stay away or things to watch out for. I am meeting with zoning to discuss tomorrow just looking for any advice.

We also plan to use the property in a similar fashion as previous owner.

Thanks.

Congratulations on completing your first flip.

Sounds like you've already got things in motion for the next one. Things only get easier with experience.