Property dispute. No deed exists.

[luckymortal]

Hi. We bought a foreclosure in Indiana last month that was listed as .8 acres with two houses.
Now, the previous owner claims he still owns a chunk right down the middle of the property, making the whole thing impossible and worthless.

We have the deeds for both sides and the order of combination combining the lot with one of our parcels.

Our name is on the tax records but the other guy’s name is on GIS.

Our lawyer says “all that matters is who is on the deed.”

But there is no deed! The records office says there is no deed anymore. It has a record that the parcel was permanently combined with our lot, and we have that order of combination. The previous owner’s name is not on any deed, nor was there ever a transfer of deed or ownership to him.

But the auditor says “that doesn’t matter, the sheriff didn’t transfer a deed to us so we don’t own it.” Which means the previous owner does even if he doesn’t have a deed, and we have a deed and an order of combination that combined the property to the lot we have a deed for. Did the order of combination combine the lot permanently to this other guy? I thought that required a deed! Or did it combine the lot to the other property as the document says?

WHO THE HECK OWNS THIS LOT?

Right now we are legally responsible for the taxes, but are told he owns it. What?

 

[luckymortal]

The recorder said “ there isn’t a deed any more and you’d have to subdivide the property to create one.” But somehow this other guy still owns it?

The last deed transfer was in 2011. Then in 2014 the order of combination. Then in 2016 the previous owner bought it.

 

[Zigner]

You are going to need an attorney to sort this mess out.

 

[FlyingRon]

Neither tax records nor GIS determines ownership. You're going to have to pay for a proper title search to go through the historical land records (deeds and whatever). Unlike your car, land title isn't a single document. Each deed is a conveyance of some sort going back into history.

But as Zig points out, either way (that you find the person does or does not appear to have a claim), you're going to have to have an attorney to resolve it.

 

[luckymortal]

We have all the deeds on the related properties going back decades. There was never a deed to the previous owner because it was combined with the other parcel. It was never legally conveyed to him either. There’s just the record of combination. I have a lawyer who says “there’s got to be a deed”, but county records says there isn’t. So I was hoping for a second opinion.

The auditor says “when they transfered the deed they didn’t include the deed for the middle bit, so you don’t own it“ but the records people say “they couldn’t transfer it because there wasn’t one. It ceased to exist with the order of combination.”

 

[adjusterjack]

Did you not have a title search by a title company before you bought the property?

Did you not buy title insurance when you bought the property?

Looks like you are going to have to file a "quiet title" lawsuit (google it).

Hire a lawyer who specializes in quiet title lawsuits and has a successful track record.

 

[luckymortal]

Did you not have a title search by a title company before you bought the property?

Did you not buy title insurance when you bought the property?

Looks like you are going to have to file a "quiet title" lawsuit (google it).

Hire a lawyer who specializes in quiet title lawsuits and has a successful track record.

Our lawyer lookedat it. We didn’t get title insurance. Big mistake. Thanks for the Quiet Title suggestion.