• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Genreral warranty deed land Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

plymouth10

Junior Member
Hi we bought a parcel of land in Arizona {mohave county} near kingman {yucca} the seller which we had quite a few problems with before {company} finally got the warranty deed to us and the affidavit of property value, we had paid in full for the land, we took a trip to look at the parcel drove over 2300 miles in our motorhome to camp on are new land, when we came back we recieved a letter from mohave county after them getting the deed back from us [notorized] that the seller in question did not even OWN the parcel, which was found out to be true, even though he signed and had notorized the deed and affidavit, with parcel number on each, the deed is a legal document stating "to have and hold the above described premises" he offered just are money back, but we want the LAND that we drove to see and spent over 850 in gas to go look at {motorhome} plus we both took a week of vacation and all, just to view the land, which we kinda had to he offered a 90 day refund on land so we wanted to make sure it was ok, do we have any legal recourse from the deed, and property affivdavit stating he owns this land when he does not? mistake or not does he not double check a parcel before sale? or proof read? HELP Mike Sylvester
 


E

efflandt

Senior Member
A deed is just a piece of paper. What matters is what is recorded with the government agency that handles that (the county?). You should never buy property unless the seller provides title insurance (and having your own real estate attorney is a good idea). That should have revealed who owned the property or whether there were any leins on it.

So all that paperwork proves is that you were swindled.

I learned the hard way that things are not always as they appear. But I did not find out until attempting to sell the property 12 years later. At least I owned the property, but boundaries were mismarked, and easement was not properly obtained or recorded. All it cost me was $450 additional attorney fees and $3000 lost profit from potential sale. I could have sued the seller, but probably came out ahead selling it to a neighbor for my original purchase price. I should not have trusted the original seller, even though I still have another plot of woods that I bought from him earlier.
 
S

seniorjudge

Guest
plymouth10 said:
Hi we bought a parcel of land in Arizona {mohave county} near kingman {yucca} the seller which we had quite a few problems with before {company} finally got the warranty deed to us and the affidavit of property value, we had paid in full for the land, we took a trip to look at the parcel drove over 2300 miles in our motorhome to camp on are new land, when we came back we recieved a letter from mohave county after them getting the deed back from us [notorized] that the seller in question did not even OWN the parcel, which was found out to be true, even though he signed and had notorized the deed and affidavit, with parcel number on each, the deed is a legal document stating "to have and hold the above described premises" he offered just are money back, but we want the LAND that we drove to see and spent over 850 in gas to go look at {motorhome} plus we both took a week of vacation and all, just to view the land, which we kinda had to he offered a 90 day refund on land so we wanted to make sure it was ok, do we have any legal recourse from the deed, and property affivdavit stating he owns this land when he does not? mistake or not does he not double check a parcel before sale? or proof read? HELP Mike Sylvester
Click to expand...

How much did you pay for title insurance, a survey, lawyer's fees, etc. BEFORE you even signed the contract?

BTW, call the cops....You are the victims of felony theft but the guy is probably long gone.
 
P

plymouth10

Junior Member
Land

We bought the land direct from them they sell land on ebay, overstock and place's like that, they do have quite a bit of bad feedback for poor communication etc.I believe this was not done on purpose, and this was are first ever land purchase {go figure} this is Mohave county AZ, he now is looking in to see if he can get the parcel we told him he has until tuesday, since we took a trip to view the land, and even camped on it in are R.V. which really i guess we were on some one else's land, we looked at the parcel and thats the one we want and drove 2300 miles to see, is it fair to ask that if we do not get it [the parcel] to at least have are expenses paid involing this parcel ? Is it still a felony if is was done by accident? What i cant figure out is why the parcel number and notary are on both the deed and affidavit of property value dont they even double check. thanks so much
Mike
 
S

Souix

Senior Member
plymouth10 said:
We bought the land direct from them they sell land on ebay, overstock and place's like that, they do have quite a bit of bad feedback for poor communication etc.I believe this was not done on purpose, and this was are first ever land purchase {go figure} this is Mohave county AZ, he now is looking in to see if he can get the parcel we told him he has until tuesday, since we took a trip to view the land, and even camped on it in are R.V. which really i guess we were on some one else's land, we looked at the parcel and thats the one we want and drove 2300 miles to see, is it fair to ask that if we do not get it [the parcel] to at least have are expenses paid involing this parcel ? Is it still a felony if is was done by accident? What i cant figure out is why the parcel number and notary are on both the deed and affidavit of property value dont they even double check. thanks so much
Mike
Click to expand...

Mike as mentioned before, you should have had a title search done by a regular title company and an escrow to properly prepare the documents. If you didn't do this, as mentioned previously you are basically screwed. You are also a victim of fraud. Can you get your money returned for the full amount of the purchase (not the trip of 2300 miles) or is the guy long gone?
Just because a document has the pre printed words on it doesn't mean anything and the notary doesn't give advice on legal documents, they just confirm that the person signing the document is the same as their identification. Too bad :(
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top