Posted by Corine on February 12, 2008 at 16:50:25:
Thanks for the expertise here Natalie. I didn’t know this.
land trust, atty. nightmare - Posted by Corine
Posted by Corine on February 09, 2008 at 06:14:08:
Purchased one of those do it yourself guru courses last year and put my property in a land trust. Everything was fine, until I went to refi.
Used a new atty, whom Chicago Title recommended (huge mistake) Good old by Southern SC atty. (I’m used to escrow closings in CA, fast and clean) personally loathe the atty closing bit.
Anyway, he had a field day with my trust, which really, I never should have let him lay his eyes on. So, I quitclaimed the deed back into my name to refi.
Well, that wasn’t property done either, according to him. I called the county to confirm what the problem was and they said my deed was absolutely correct, that it was a legal document and everything is fine.
The atty, whom interestingly enough is a sales person for the Title Co. (shouldn’t that be illegal? SC, you backwards lame state) I feel the atty went and stirred up a bunch of S— with the title co. for his own purposes.
I allowed him to draft another deed, correctly according to him in order to close. When he went to charge me for it though, I walked away from the closing table. Didn’t sign. Told him he created this mess, that any other atty. would have been fine with it.
PS I looked through his deed. On his letterhead, grose. I donâ??t want his name on my deed. Itâ??s a joke.
POS
PS he said there would have remained a cloud on my title to where I wouldnâ??t be able to sell me home in the future.
I would love all of you input.
Re: land trust, atty. nightmare - Posted by Alexander (FL)
Posted by Alexander (FL) on August 18, 2008 at 09:37:53:
Most attorneys do not understand land trusts. That’s why the land trust is such a good asset-protection tool to begin with.
I guess you know that now.
Re: land trust, atty. nightmare - Posted by Natalie-VA
Posted by Natalie-VA on February 11, 2008 at 05:50:43:
What, exactly, did he say was the problem with the deed? No one can even speculate without knowing that.
And yes, I prefer to close with a settlement agent instead of most attorneys too.
–Natalie
Re: land trust, atty. nightmare - Posted by Rich-CA
Posted by Rich-CA on February 09, 2008 at 09:19:37:
Movie called “Liar, Liar” with Jim Carey as a lawyer who could not tell the truth until he was compelled by a wish to only tell the truth. Since the wish thing is fiction, its safe to say the Lawyer was trying to jack up the bill rather than represent your interests. Write letters of complaint to the BBB, State Bar, and Title Co. Have another attorney look at the deed to make sure your ducks are in a row.
Re: land trust, atty. nightmare - Posted by JohnP
Posted by JohnP on February 27, 2008 at 19:03:22:
I had a similar problem with a pre-foreclosure I bought in a Land Trust. I went to sell the home to the original owner, who had sold it to someone else. When his attorney saw the trust he started yelling at me that it was all wrong. He told me his buyer was not buying, attorney worked for the title company. I laughed when he told me his buyer was not buying. I got another attorney to review the title and said no problem, when do want to close? I told the buyer the situation, but the title company scared him so much he did not trust me. Anyway, I sold the property 30 days later. The original buyer’s title company called my lawyer beging to resolve the issue, so there buyer could buy. I guess he saw I was not bluffing and really leaned into them. My lawyer informed the house was sold. Always get a second opinion.
JohnP
Re: land trust, atty. nightmare - Posted by Corine
Posted by Corine on February 11, 2008 at 18:33:27:
I’m not sure really, but his new improved quit claim deed should fix the “cloud” on my title. He stirred a bunch of s—with the title company.
I’m not finished with him yet. I’m waiting for this to record and let him have it. I asked for a copy of the title search, which he hasn’t provided me yet.
His deed has a bunch of whereas whereas whereas ah…whereas, although there are errors in the latter two instruments, it is the intent of the parties hereto that title to the premises be vested in me…
He uses terms like, attempted to convey.
I think everything was just fine. Different atty. Different title co.
County had no problem with the recording. Said it was a legal instrument, etc.
I loathe this atty.
Do I have any recourse at this point? I can’t stand the wording on this deed.
Re: land trust, atty. nightmare - Posted by Natalie-VA
Posted by Natalie-VA on February 12, 2008 at 05:56:01:
Sounds like he’s got a real chip on his shoulder. It might make him difficult to deal with, but he could be right about the deed. The nice attorney that did it last time might be a total idiot. Nobody knows.
As far as the county is concerned, just because it’s recordable doesn’t make it a good deed. It really doesn’t matter what they say.
Just go with what the title company wants. They’re the ones who will issue the policy.
–Natalie