I need to vent too

[lotstodo]

Aaaaarrrrrgggggghhhhhhh!!!!!!! Am I the only one willing to do any dad blasted thing to get a deal to go through? Am I?

We are trying to buy a cabin in N. Ga. All was going swimmingly until I received a copy of the "new" survey, which is one that has existed for a while, but wasn't attached to the deed. Long story short, this survey is the first that shows the home placed on the property. It clearly shows a violation of the set back. The entire porch is too close to the road. The house also straddles two lots, but the warranty deed is just for one lot. The owner says they own both lots, but so far can't prove it. All I am getting from the closing Atty is that maybe somebody ought to look into this. DO YOU THINK SO?

The 10 days is up Sunday and nobody really gives a crap. I just told my agent that they either produce a variance, or a document that shows that the set back is erroneous, along with a valid deed for the other lot or the deal is off Sunday at midnight. I don't have time to go to the Gilmer County Courthouse and start a research project. Am I wrong to expect a little action on the part of the sellers and their agent? I suppose I could pay the atty to do the extra work, but why should I bother?

Arg.

 

[Beach Bum]

Aaaaarrrrrgggggghhhhhhh!!!!!!! Am I the only one willing to do any dad blasted thing to get a deal to go through? Am I?

We are trying to buy a cabin in N. Ga. All was going swimmingly until I received a copy of the "new" survey, which is one that has existed for a while, but wasn't attached to the deed. Long story short, this survey is the first that shows the home placed on the property. It clearly shows a violation of the set back. The entire porch is too close to the road. The house also straddles two lots, but the warranty deed is just for one lot. The owner says they own both lots, but so far can't prove it. All I am getting from the closing Atty is that maybe somebody ought to look into this. DO YOU THINK SO?

The 10 days is up Sunday and nobody really gives a crap. I just told my agent that they either produce a variance, or a document that shows that the set back is erroneous, along with a valid deed for the other lot or the deal is off Sunday at midnight. I don't have time to go to the Gilmer County Courthouse and start a research project. Am I wrong to expect a little action on the part of the sellers and their agent? I suppose I could pay the atty to do the extra work, but why should I bother?

Arg.

Does the seller of the property you are buying have either a Owner's Title or Lender's title insurance policy? If you can get a copy of either of these, it should help clear things up. Has the closing attorney spoken with the title insurance company that is underwriting the property that you are purchasing (if you are getting a mortgage loan on it?)

I would ask our local real estate expert, C. Mark. If he can't help you I can give you my sister-in-law's phone number who is a real estate attorney in Marietta. She is known throughout the Metro Atlanta area for being able to resolve complex title issues and I know she will be glad to help you.

 

[lotstodo]

Cash sale. I am currently talking to the atty in Blairsville. I do want Title insurance though even if this is resolved. I am just frustrated by a lack of concern by everyone but myself and my agent. The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

 

[mei lan]

The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

I have never understood this mindset. Do you want to sell this property or not, dude? NO, you should not have to run around and/or pay to get this resolved. You are doing the right thing. Let us know what happens.

 

[Beach Bum]

Cash sale. I am currently talking to the atty in Blairsville. I do want Title insurance though even if this is resolved. I am just frustrated by a lack of concern by everyone but myself and my agent. The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

I agree LTD - if I were the seller of this house, I would be jumping through hoops also to get it closed.

I spent many years at a very large Atlanta law firm as a closing paralegal and I can pretty much guarnatee you that I would do my level best to get title issues resolved so the closing could take place. Are there real estate agents involved because is so, they surely want to get paid too, right?

 

[dapandlap]

Cash sale. I am currently talking to the atty in Blairsville. I do want Title insurance though even if this is resolved. I am just frustrated by a lack of concern by everyone but myself and my agent. The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

Maybe it's just me being a little on the cautious side, but perhaps the owner is "dragging his feet" so to speak because he/she knows there are issues with the house/property lines.

 

[lotstodo]

Cash sale. I am currently talking to the atty in Blairsville. I do want Title insurance though even if this is resolved. I am just frustrated by a lack of concern by everyone but myself and my agent. The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

I agree LTD - if I were the seller of this house, I would be jumping through hoops also to get it closed.

I spent many years at a very large Atlanta law firm as a closing paralegal and I can pretty much guarnatee you that I would do my level best to get title issues resolved so the closing could take place. Are there real estate agents involved because is so, they surely want to get paid too, right?

I can tell you that my agent has gone way above and beyond. The seller's agent hasn't done squat but arrive late to the inspection and complain that we got his rug dirty. (He staged the house last month). While we were all there, he was talking to our agent on the porch and overheard my wife comment on a sign that was hanging on the wall ("It is what it is", one of her favorite sayings). He offered to sell it to her for $20. My jaw dropped.

My agent is actually going down to the county development office tomorrow morning herself to try and find out where and when the set back came from. If anyone needs an agent familiar with Gilmer and Fannin Counties, I can certainly recommend her. We had two other contracts fall through with her, and it hasn't fazed her one bit. She laughingly calls us her problem children.

 

[Beach Bum]

Cash sale. I am currently talking to the atty in Blairsville. I do want Title insurance though even if this is resolved. I am just frustrated by a lack of concern by everyone but myself and my agent. The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

I agree LTD - if I were the seller of this house, I would be jumping through hoops also to get it closed.

I spent many years at a very large Atlanta law firm as a closing paralegal and I can pretty much guarnatee you that I would do my level best to get title issues resolved so the closing could take place. Are there real estate agents involved because is so, they surely want to get paid too, right?

I can tell you that my agent has gone way above and beyond. The seller's agent hasn't done squat but arrive late to the inspection and complain that we got his rug dirty. (He staged the house last month). While we were all there, he was talking to our agent on the porch and overheard my wife comment on a sign that was hanging on the wall ("It is what it is", one of her favorite sayings). He offered to sell it to her for $20. My jaw dropped.

My agent is actually going down to the county development office tomorrow morning herself to try and find out where and when the set back came from. If anyone needs an agent familiar with Gilmer and Fannin Counties, I can certainly recommend her. We had two other contracts fall through with her, and it hasn't fazed her one bit. She laughingly calls us her problem children.

I wish you the very best with this Lots to Do. I will be glad to use any resources I have as far as closing attorneys, title companies, etc. to help you to the best of my ability.

 

[lotstodo]

Cash sale. I am currently talking to the atty in Blairsville. I do want Title insurance though even if this is resolved. I am just frustrated by a lack of concern by everyone but myself and my agent. The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

Maybe it's just me being a little on the cautious side, but perhaps the owner is "dragging his feet" so to speak because he/she knows there are issues with the house/property lines.

It is an elderly couple who owned two cabins side by side on three lots (I assume they own all three lots <LOL>). I doubt that they are terribly aware. I think that their agent is dragging his feet in the hopes that the inspection period expires and we let it all slide. That, my friend won't happen. As you can imagine, I am a strong advocate for my interests.

 

[Beach Bum]

Hey - Winchester is a real estate expert and might have some good advice to offer you also. Wincester and C. Mark are class acts who truly know what they are doing.

 

[lotstodo]

Cash sale. I am currently talking to the atty in Blairsville. I do want Title insurance though even if this is resolved. I am just frustrated by a lack of concern by everyone but myself and my agent. The seller has been sitting on this house, empty since last June. I would be jumping through hoops to get it sold for a fair price, but that's just me.

I agree LTD - if I were the seller of this house, I would be jumping through hoops also to get it closed.

I spent many years at a very large Atlanta law firm as a closing paralegal and I can pretty much guarnatee you that I would do my level best to get title issues resolved so the closing could take place. Are there real estate agents involved because is so, they surely want to get paid too, right?

I can tell you that my agent has gone way above and beyond. The seller's agent hasn't done squat but arrive late to the inspection and complain that we got his rug dirty. (He staged the house last month). While we were all there, he was talking to our agent on the porch and overheard my wife comment on a sign that was hanging on the wall ("It is what it is", one of her favorite sayings). He offered to sell it to her for $20. My jaw dropped.

My agent is actually going down to the county development office tomorrow morning herself to try and find out where and when the set back came from. If anyone needs an agent familiar with Gilmer and Fannin Counties, I can certainly recommend her. We had two other contracts fall through with her, and it hasn't fazed her one bit. She laughingly calls us her problem children.

I wish you the very best with this Lots to Do. I will be glad to use any resources I have as far as closing attorneys, title companies, etc. to help you to the best of my ability.

Thanks BB. I'll keep that in mind. I appreciate it.

 

[mei lan]

I think that their agent is dragging his feet in the hopes that the inspection period expires and we let it all slide. That, my friend won't happen. As you can imagine, I am a strong advocate for my interests.

Absotively!!!

 

[Winchester]

Hey - Winchester is a real estate expert and might have some good advice to offer you also. Wincester and C. Mark are class acts who truly know what they are doing.

Thanks, but with a recent ruling by the real estate commission late last year, it is illegal for me to comment on this for 2 reasons:
1) he has an agent already
2) giving advice in an open multimedia environment can be considered creating an "agency" relationship without the intent to do so and opens the door (very widely) to liability issues and law suites.

Not to mention that it could be considered giving legal advice without a law license.

Sorry LTD, the best I can do is to say to consult a real estate attorney if your agent cannot answer your questions.

 

[MrsB]

I'm sorry, LTD. we had similar issues with the new house. Paperwork in underwriting forrrrevvvveeer. The inspection, late, the appraisal didn't come in until 4:30 on the last day of the extension.

I hope this works out!!!

 

[lotstodo]

Update. We have a resolution to the set-back problem. My atty went down to the courthouse on his lunch hour and squared things away (I love small towns). Of course, the seller's agent was completely oblivious and carefree while we did his job of insuring a marketable title. We still have no paperwork on the second lot, however. It appears that the county believes that the developer still owns that lot. The developer verbally acknowledges the sale, but can't find the paperwork either. It looks like the deed should have included both lot numbers, but slipped by with only one. This appears resolvable since the developer is willing to do whatever we need. It's just more time and more work that the seller should be doing and we have to do.

I had to attach this document below to show what idiots I am dealing with on the seller's side. When I asked who was responsible for maintenance of the private roads in the development, everyone said that the developer is maintaining them from fees the homeowners pay to the private water system which he also owns. I say fine, show me the agreement. This is what we got from the seller:



[attachment deleted by admin]

 

[wsstevenson]

FYI...thanks for the referral but Winchester is correct. Consult a real estate attorney. BTW- Beach Bum's SIL is THE BEST REAL ESTATE ATTORNEY IN THE ENTIRE WHOLE WIDE UNIVERSE. Her name is Amee Davis and her phone number is 770-426-5440. USE HER!

 

[lotstodo]

i had a mind explosion which leaked out into an e-mail this morning. You all will be proud of me however, because I refrained from pointing out the fact that the seller's agent and his "assistant" are total morons. My agent and the atty. have now taken it upon themselves to try and resolve all of these problems with or without the aid of the other side. I find that commendable, and I am in no way blaming them for what is going on.

Winchester and Mark, I appreciate your position and thank you for your input. I can tell just from your activities here and your reputations that you guys are the kind of agent I would be proud to have on my side.