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The Library => Haley Center Basement => Topic started by: Catphish Tilly on September 03, 2015, 12:09:32 PM

Title: Question for the Legal Experts
Post by: Catphish Tilly on September 03, 2015, 12:09:32 PM
Serious question for those with estate law/mortgage law knowledge, not named WT:

If one purchases property (complete with title insurance) and then finds out, after the fact, that there are other parties who in fact had legal deeded interest on the property besides just the original seller but who were not disclosed/discovered by the title researcher prior to that initial sale and closing (and who in all likelihood have no idea of their part-interest)... where does that leave the buyer?

Would this have been the title company's responsibility or the attorney? Is this a situation covered by the purchaser's title insurance? Is the mortgage company liable? How does one resolve the issue?

And um, I'm asking for a friend...
Title: Re: Question for the Legal Experts
Post by: Snaggletiger on September 03, 2015, 12:12:20 PM
There is an expert on this very topic within our midst.  Wes4AU
Title: Re: Question for the Legal Experts
Post by: Kaos on September 03, 2015, 12:36:44 PM
Serious question for those with estate law/mortgage law knowledge, not named WT:

If one purchases property (complete with title insurance) and then finds out, after the fact, that there are other parties who in fact had legal deeded interest on the property besides just the original seller but who were not disclosed/discovered by the title researcher prior to that initial sale and closing (and who in all likelihood have no idea of their part-interest)... where does that leave the buyer?

Would this have been the title company's responsibility or the attorney? Is this a situation covered by the purchaser's title insurance? Is the mortgage company liable? How does one resolve the issue?

And um, I'm asking for a friend...

I started to answer this, but realized I don't know enough of shit about it to give you any reasonable advice.
Title: Re: Question for the Legal Experts
Post by: WiregrassTiger on September 03, 2015, 12:49:25 PM
You know what, I have the answer but I refuse to give it. See if I ever give you advice anymore buddy. And I mean it.

I'm probably not going to at all. I wasn't even going to put a comment in your thread, since you put that smart remark in there about excluding WT and all. But I decided to.

And seriously, I may not give you any advice anymore, since you don't seem to value my opinion. At least for a little while, anyway. I'm stepping back. And I'll let someone else answer your question.

I won't even get involved with the fact that you actually have "title insurance" which is a product specifically designed for such an occurrence or several situations that I'm aware of that are similar.

I'll just keep my suggestions to myself buddy. Here to fore and whatnot. I may not have an accredited law degree per se but I can assure you that I know much more about the law than any here that "claim" to be attorneys.

You don't need to be a weatherman to know which way the wind blows friend. And I can tell when I'm not wanted. That's fine.

I'll just step aside. Good luck.

You won't hear much more from me about it. Not for a while.

Hope it works out for you.

I'll just move along to another thread where I know that my input is valued. And there are several on here, mind you. I won't go into all that but there here.

That's all I'm saying bucko.
Title: Re: Question for the Legal Experts
Post by: JR4AU on September 04, 2015, 08:31:59 AM
Serious question for those with estate law/mortgage law knowledge, not named WT:

If one purchases property (complete with title insurance) and then finds out, after the fact, that there are other parties who in fact had legal deeded interest on the property besides just the original seller but who were not disclosed/discovered by the title researcher prior to that initial sale and closing (and who in all likelihood have no idea of their part-interest)... where does that leave the buyer?

Would this have been the title company's responsibility or the attorney? Is this a situation covered by the purchaser's title insurance? Is the mortgage company liable? How does one resolve the issue?

And um, I'm asking for a friend...

If you get hit by 18 Wheeler call snags.  Get a DUI or need Divorce I can help.  Property law?  I know the Rule in Shelly's case and the rule against perpetuities which is only helpful on law school exams and the bar.
Title: Re: Question for the Legal Experts
Post by: Catphish Tilly on September 04, 2015, 08:45:59 AM
If you get hit by 18 Wheeler call snags.  Get a DUI or need Divorce I can help.  Property law?  I know the Rule in Shelly's case and the rule against perpetuities which is only helpful on law school exams and the bar.

While not exactly the answer I'd hoped for, this is actually useful knowledge unto itself. Though I do pray I never need to recall it.
Title: Re: Question for the Legal Experts
Post by: WiregrassTiger on September 04, 2015, 09:18:17 AM
While not exactly the answer I'd hoped for, this is actually useful knowledge unto itself. Though I do pray I never need to recall it.
Actually, if you get hit by an 18 wheeler you'd better call da amberlamps before you call Snags. Snags ain't doing shit if you got blood and stuff all over you but handing you a neck brace and a business card.

Did you find anything in my earlier post useful? I don't mean to say I told you so but obviously I know quite a bit about the law. Sorry if I came across crass.
Title: Re: Question for the Legal Experts
Post by: Snaggletiger on September 04, 2015, 09:21:09 AM
Actually, if you get hit by an 18 wheeler you'd better call da amberlamps before you call Snags. Snags ain't doing shit if you got blood and stuff all over you but handing you a neck brace and a business card.

Did you find anything in my earlier post useful? I don't mean to say I told you so but obviously I know quite a bit about the law. Sorry if I came across crass.

No, you call me first.  I'll call da amberlamps for you.  We need to get that trucking company information as soon as possible.


Call me.  I AM your attorney!
Title: Re: Question for the Legal Experts
Post by: Buzz Killington on September 04, 2015, 09:23:52 AM
No, you call me first.  I'll call da amberlamps for you.  We need to get that trucking company information as soon as possible.


Call me.  I AM your attorney!

https://www.youtube.com/watch?v=5H1jxzmdWwo
Title: Re: Question for the Legal Experts
Post by: dallaswareagle on September 04, 2015, 09:47:13 AM
Call the Texas hammer.

https://www.youtube.com/watch?v=5TvdiBebWTY   
Title: Re: Question for the Legal Experts
Post by: Catphish Tilly on September 04, 2015, 09:59:30 AM
Did you find anything in my earlier post useful? I don't mean to say I told you so but obviously I know quite a bit about the law. Sorry if I came across crass.

It would be simpler to list the things from the posts of WT that aren't found useful. Sometimes I forget I'm reading the words of a modern man and not from the wisdom of a Pauline Epistle.
Title: Re: Question for the Legal Experts
Post by: Buzz Killington on September 04, 2015, 10:18:02 AM
I find it hard to believe that these guys are really named Hammer.
Title: Re: Question for the Legal Experts
Post by: Snaggletiger on September 04, 2015, 10:23:41 AM
I find it hard to believe that these guys are really named Hammer.

Think about me.  I was this close!!!
Title: Re: Question for the Legal Experts
Post by: DnATL on September 04, 2015, 10:33:50 AM
Actually, if you get hit by an 18 wheeler you'd better call da amberlamps before you call Snags. Snags ain't doing shit if you got blood and stuff all over you but handing you a neck brace and a business card.

Did you find anything in my earlier post useful? I don't mean to say I told you so but obviously I know quite a bit about the law. Sorry if I came across crass.
Call the amberlamps first, then no needs to call Snags - he'll be chasing right behind it
Title: Re: Question for the Legal Experts
Post by: dallaswareagle on September 04, 2015, 10:52:15 AM
I find it hard to believe that these guys are really named Hammer.


I always thought the 'Texas" hammer commercial would be much more entertaining if he was wearing hammer pants and at the end of the commercial he hammered shuffled and said" you can't touch this"
Title: Re: Question for the Legal Experts
Post by: chinook on September 04, 2015, 11:04:27 AM

I always thought the 'Texas" hammer commercial would be much more entertaining if he was wearing hammer pants and at the end of the commercial he hammered shuffled and said" you can't touch this"

that's a terrible idea. 
Title: Re: Question for the Legal Experts
Post by: JR4AU on September 04, 2015, 11:41:12 AM
I didn't mean to forget to pimp Taylor and VV for Tax issues as well.  Wes done got his props here. 
Title: Re: Question for the Legal Experts
Post by: chinook on September 04, 2015, 11:44:11 AM
I didn't mean to forget to pimp Taylor and VV for Tax issues as well.  Wes done got his props here.

don't forget...sweets. well, if you need legal advice on hanging drywall.
Title: Re: Question for the Legal Experts
Post by: dallaswareagle on September 04, 2015, 11:44:31 AM
that's a terrible idea.


Well, your opinion means so much to me.
Title: Re: Question for the Legal Experts
Post by: JR4AU on September 04, 2015, 11:48:55 AM
don't forget...sweets. well, if you need legal advice on hanging drywall.

Damn all the fucking la...wait wha?  I thought she was the landscape lawyer.
Title: Re: Question for the Legal Experts
Post by: Snaggletiger on September 04, 2015, 11:55:50 AM
Damn all the fucking la...wait wha?  I thought she was the landscape lawyer.

She's also in-house counsel for The Tomato Picker's Union.
Title: Re: Question for the Legal Experts
Post by: WiregrassTiger on September 04, 2015, 12:07:28 PM
There sure are a lot of med school rejects on here.
Title: Re: Question for the Legal Experts
Post by: dallaswareagle on September 04, 2015, 12:08:09 PM
She's also in-house counsel for The Tomato Picker's Union.

I would think she would have some background in illegal immigration?
Title: Re: Question for the Legal Experts
Post by: Snaggletiger on September 04, 2015, 12:15:11 PM
There sure are a lot of med school rejects on here.

You know a lot of people go to school for seven years.
Title: Re: Question for the Legal Experts
Post by: dallaswareagle on September 04, 2015, 12:28:51 PM
You know a lot of people go to school for seven years.

aND four sum of us it's still doesn''t help. '
Title: Re: Question for the Legal Experts
Post by: Godfather on September 04, 2015, 12:43:32 PM
While not exactly the answer I'd hoped for, this is actually useful knowledge unto itself. Though I do pray I never need to recall it.

Wes4au like Snags said is your man, he is down enjoying teh gays in the Florida Keys right now.  Please leave a message at the beep and he will get back to you next week.


beeeeeeeeeeeep
Title: Re: Question for the Legal Experts
Post by: Snaggletiger on September 04, 2015, 12:45:15 PM
Wes4au like Snags said is your man, he is down enjoying teh gays in the Florida Keys right now.  Please leave a message at the beep and he will get back to you next week.


beeeeeeeeeeeep

Damn it, I knew all along he'd suck a dick. 
Title: Re: Question for the Legal Experts
Post by: Godfather on September 04, 2015, 12:57:05 PM
Damn it, I knew all along he'd suck a dick.
Wait you mean you've never had the Terry Bowden Truffle Knuckle? I thought you were close? hmmm
Title: Re: Question for the Legal Experts
Post by: Catphish Tilly on September 04, 2015, 01:02:35 PM
Wes4au like Snags said is your man, he is down enjoying teh gays in the Florida Keys right now.  Please leave a message at the beep and he will get back to you next week.


beeeeeeeeeeeep

Word.

If this message finds him still of sound mind and body, I'd be curious as to the opinions of the esteemed counselor. But it's no big deal really. I'm unhappy but mostly curious on how to resolve the issue. Unless of course, there are reparations to be obtained.
I'd be pretty cool with the whole thing then :miltie:

As it stands, I'm told that matters are currently being addressed... but I'm not convinced they're being addressed much.
Title: Re: Question for the Legal Experts
Post by: wesfau2 on September 08, 2015, 08:02:52 AM
Yes, you have a claim against the title agency (not sure at this point if it will implicate your owner's policy or the agent's E&O carrier).

If the title search missed the other parties holding title, then you have a title claim and should contact your agent and underwriter ASAP to begin the claims process. 

If the search showed the other parties holding title, then the agent fucked up and somehow forgot to include them in the transaction.  That is a claim against the agent's E&O and you should contact the agent to initiate a claim.

As to resolution: if the others are interested in selling, then the insurance carrier (whichever is implicated) will try to purchase the interests of those parties on your behalf.
Title: Re: Question for the Legal Experts
Post by: Catphish Tilly on September 08, 2015, 09:06:08 AM
Yes, you have a claim against the title agency (not sure at this point if it will implicate your owner's policy or the agent's E&O carrier).

If the title search missed the other parties holding title, then you have a title claim and should contact your agent and underwriter ASAP to begin the claims process. 


My understanding is the situation falls under this category. Thanks for the advice, I plan to make some calls today.

WT showed me how to sign up for a TigersX Premium account, so please bill your counsel fees to that.
Title: Re: Question for the Legal Experts
Post by: Jumbo on September 08, 2015, 09:22:12 AM
I guess you'll be suing Bama cause' dey got all the Titles.
Title: Re: Question for the Legal Experts
Post by: Catphish Tilly on September 08, 2015, 11:14:00 AM
In this case though, I'm bama. Somebody else's name may be on that title from years ago, but I bought it and am claimin' it now.
Title: Re: Question for the Legal Experts
Post by: WiregrassTiger on September 08, 2015, 11:37:50 AM
Cat,
I know we joked about my advice earlier but if you want me some make some calls to these motherfuckers regarding this legal issue, I will be glad to straighten some asses out. As you know, I'm pretty proficient when to comes to the law and shit.
Title: Re: Question for the Legal Experts
Post by: GH2001 on September 08, 2015, 01:12:56 PM
Cat,
I know we joked about my advice earlier but if you want me some make some calls to these motherfuckers regarding this legal issue, I will be glad to straighten some asses out. As you know, I'm pretty proficient when to comes to the law and shit.

Nickname basis now. Good to see you guys real tight like that.