Posted by Al Pecherer on June 24, 2006 at 16:41:34:
My thoughts: Lawyer almost definitely required. Perhaps, though, his/her efforts need not be world-shaking in their scope. It sounds like you need to file a “quiet title” lawsuit against the estate. Atty req’d for that. Additionally, the process of unraveling the failures or oversights of the prior atty’s might require the successful argument as what the parties’ intentions were. I’m also saying that activity might require more than casual insight. If you executed a valid agreement but some “i’s” weren’t dotted, it’s likely you’ll prevail IF you can document things and argue your case successfully. Since there isn’t “the other side”, your chances seem good if you act.
Bought a vacant lot undervalued out of probate to flip in 10/05 - County is not transferring title into our name - Title company & title company consulting attorney did not follow the procedures the county established to make land transfer.
Heir has now also died.
We are stuck in limbo - Can we file a law suit? Will title insurance cover this? Is there any recourse? Suggestions? Should we hire a real estate attorney to handle this matter? Land is mortgaged - we think getting the bank involved will complicate things - are we right?
Re: Own property - County won’t transfer title - Posted by John Merchant
Posted by John Merchant on July 11, 2006 at 18:16:01:
If you got a deed, then you HAVE title.
Whether county will let you record is a 'nother whole issue.
To show your title in deed records you could file a Suit to Quiet Title, immediately followed by Lis Pendens recorded in deed records…and the recorder isn’t going to refuse to record that!
Sure looks to me like you need lawyer’s help here.
Since it’s not the county’s responsibility to “transfer title”, you need to talk this through with somebody who can see right where you are legally and see how YOU can force the deal through.
As far as having a lawyer’s involvement, “complicate things” I’d guess it’d have the opposite effect, of getting things straightened out.