I am super upset and confused and hoped someone might help.
My husband purchased his dads' brake and alignment business building in Lakewood, Co 8 years ago. The building was appraised at $250,000 at the time, but Bobby bought it for $300,000 because, though, technically he did not purchase the business as well, in a sense he did because he pretty much inherited the customer base.
I am going to be detailed in everything going on because I am not sure exactly WHY we are having such difficulties.
We had spent over half a million dollars trying to find something to help my youngest son with an excruciatiningly painful neurological illness, so we were broke.We went through a lawyer and received 2 loans. One of them was a $140,000 owner financed loan to be paid off to his dad over 15 years with 6% interest. The other loan was through a customer, interest only, for 5 years when it was supposed to be paid off, but the man who made the loan, Mark, extended the loan another 5 years after that. Everything was signed, submitted to proper authorities, and there was a title search and title insurance that we purchased.
My FIL, though receiving monthly payments from us, and a lump 160,000 from Mark, discovered that he had accumulated huge debt that my MIL did not disclose until after the closing. So, just a few months after closing, Elroy [FIL] and Jean {MIL] went through bankruptcy. They also lost their house and purchased a little mobile home to live in.
Part of the deal with the bankruptcy was that the bulk of payments we were making to Bobbys folks had to go to the creditors for 5 years.
About a month after those 5 years, Elroy and Jean went into assisted living. They had to get rid of the few assets that they had, and now the payments that had gone to Jean and Elroy were now going to the state. Not long after entering the assisted living, they both became ill, went to nursing homes for rehab, they both got worse and died, first Elroy, then Jean.
At this point we were owing Mark $120,000 [ had paid of 40,000] and there was still a balance on the loan from Jean and Elroy for about $85,000. The state made a pay-off offer of $50,000. We did not have the money, but Mark loaned us $50,000, bringing our loan to him back to $170,000. The state was paid off.
I was sick, as was Bobby, and he knew that working was literally killing him, but he thought he could not afford to quit. A friend who stopped by who runs another auto repair shop in the area with his many brothers, offered to buy the building, cash, for $350,000.
Mark was also happy because he had decided to retire and wanted to get all of his money from everyone who owed him. We found some really great deals on houses, and Mark loaned us the money to buy them, with us paying him back when the deal closed.
Then the problems with the title company started. First, we found out that the state of Colorado had put a lien on the property for $85,000. They had screwed up because we had made and paid the pay-off offer. The title company told US that we had to come up with proof of all of this. We are bad about saving documentation, but luckily Bobbys' brother, Mark, and the lawyers had everything we needed to prove it. Okay, so I think that lien is gone. Now we can close.
THEN the title company wanted documentation of my in-laws bankruptcy, the agreement that was made, proof that we made monthly payments to the bankruptcy court for 5 years. So, we did. Thought we would close.
And then, we find out that 16 years ago that Jean and Elroy had borrowed money against their building. SO, we were sent looking for proof that there had been a loan and that it had been paid off [ I always thought this was the title companies job, and that since we had gotten title insurance and a title search that any problems would not be ours]
So, at first nothing shows up proving that the loan was paid off, Eventually, [after Bobbys brother and wife dug up more paperwork] it was discovered that the note had been bought by another bank. Citicorp said that they needed 30 days to come up with any records. In the meantime, Bobby brother [actually his wife] found proof that the note had been paid off in full. There were original documents, papers sealed by the county etc. We brought these down thinking that we would not have to wait 30 days. That was rejected because someone had handwritten something on the top of the document.
30 days passed. I am not exactly sure what happened, but somehow the wrong department received instructions for the search and so it was ignored. So, they told us yesterday that they would need another 30 days. I am crying. I cannot figure out why this is all happening. Please, any input?