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All Forum Posts by: Traci Lovelace

Traci Lovelace has started 12 posts and replied 73 times.

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12
Originally posted by @Reuben Gathright:

I hope that attorney is being used to get the title corrected.

Tax sales seek repayment of past due property taxes.  

In many states, you simply have to visit the tax collector and pay those taxes.  In fact, some states allow anyone to pay the property taxes on land which is very helpful for situations like this one!

This is the first time I have ever heard of getting an attorney to pay off your back taxes.  

Now that you have the former owner, have you considered taking them to the county tax collector to pay the taxes?

 Hi Reuben, 

That's not exactly what's happening.  The owner has to pay the taxes and associated fees to get the property out of foreclosure. I am giving her the money to do so and in exchange she is deeding the property over to us.  The attorney was involved because the city had sent the file to him to foreclose on. 

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12

This can only be attributed to Divine Intervention.  We went to the owner's apartment. There were moving boxes everywhere, they are moving in the morning.  If I had waited, we would not have found them.  When we told her we bought her house, she broke down in tears.  She loved the house, it was a series of misfortunes that caused her to lose it in foreclosure.  We explained what we were dealing with, and what we needed from her, and offered her $500 for her troubles.  She is going to help us.  

Thank you everyone for your input on this.   I hope to get it cleared up in the next few days.  As soon as we can get the paperwork drafted.

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12

I know I keep pointing out things that do not necessarily benefit you in your situation but I

Really am on your side. I have been at this 26+ years as a Broker, Flipper and have purchased hundreds of HUD homes.This is the disclaimer that appears at the bottom of MLS listings :

Greg, you are right.  I am on my way over to the owner's house right now to try and work this out.  Wish me luck, she has no idea who I am or why I would show up at her door.

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12

Hmm.  This is one of those times you need to consult an attorney instead of asking for "around the water cooler" advice here.

I completely agree, but this came up on Friday afternoon and there is no consult to have until tomorrow morning.  Meanwhile I am looking for ideas from those with more experience.  It would not be the first time I came to an attorney with an idea that they ran with.

Post: Seller Backing out...How do I cloud the title??

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12

I had a similar situation recently, but it was an objection to the city taking so long to go through an appeals process on a roof replacement (historic district).  The family got involved and the seller, despite being told they would go through this with every buyer, chose not to extend the contract long enough to get through the 60 days of appeals process.  We lost about a grand, and the house is still sitting on the market.   

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12
Originally posted by @Account Closed:

Go back on the title agent, assuming you got title insurance.

If you didn't get title insurance, then you are right.  You have a huge, hairy mess.

 There is title insurance and a waiver for unsurveyed property, which was presented at closing.

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12
Originally posted by @Account Closed:

I wonder if I am missing something. From reading the thread I see no misrepresentation anywhere, by anyone. The bank can include pictures of the deck and/or driveway in the listing.  Just like sellers include pictures of their view, the community pool, and the nearby park. 

Respectfully, I disagree.  The listing stated that the deck, driveway and fenced yard were part of the property. It wasn't just the photos.  That is misrepresentation.

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12
Originally posted by @Michaela G.:
Originally posted by @Wayne Brooks:

Well, it's not the OP's deck, it's the lot owner's deck.  Private LP's don't survive tax sales.

Well, then maybe the lot owner's deck has wood to earth contact and thus with encroachment on the house, they have now brought termites to the house ;-)

 Actually, the way the deck is attached to the house has caused some damage due to water infiltration.  But if it won't get past the tax sale, then it wouldn't help.  The attorney has had it since April of last year.  I don't know why the delay. We will have more info on Monday.

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12
Originally posted by @Jay Hinrichs:

@Traci Lovelace  if it was listed with a broker you very well could have an errors and omission claim

 It was. Thank you.  I really hope to do this without having to sue anyone :(

Post: Huge hairy mess

Traci LovelacePosted
  • Investor
  • Tampa, FL
  • Posts 73
  • Votes 12
Originally posted by @Michaela G.:

Is there a way to file something that puts a cloud on the title, in a way that it would deter any other investor to bid on the property at the tax sale? Something that would survive the tax sale? Are you about to sue the owner of this lot for doing damage to your deck and thus file a lis pendens? Just thinking ;-)

 What an interesting idea.  Very clever!  Thank you!  I will keep this in my pocket until I talk to the owner and try to work it out directly.