American Nightmare

[satinfo]

Dade County Florida

2 homes of new construction were offered for sale on adjacent lots. It was my first purchase and my attorney handled everything. At the time I didn't even know what survey flags were. The house was paid in full and I received title. Problem is I was conveyed title to the property next door and lived in a house I didn't legally own. Subsequently, another buyer was given title to the lot where I was living and moved into the house I held title to. In hindsight, going back to the survey flags, neither property was surveyed.

After a couple of years my neighbor approached me and explained he had requested a loan on the property. The bank had done a survey and found discrepencies. Of course I contacted my attorney and he explained the situation was caused by (in his words) "due to a slight clerical error". I believed him and all parties met at the Title insurance offices. I was told that this matter was simple to resolve. Just transfer titles between us and everything would be ok. I believed the attorney, shame on me for being naive. Signed away a perfect title. What I received in return was a clouded title to say the least.

I won't waste bandwith with the whole story; water under the bridge. But I think I got them and I have a smoking gun. In my posession is an original affidavit signed by that individual and his wife and made part of the conveyance and witnessed by all attorneys, and it states as follows:

"Seller's affidavit and indemnity agreement"

I,we...etc
legal description

1: That title to property is good and marketable
2: no other parties in possession of or claiming possession to
3: no facts by reason which property might be disputed
4: no other facts which might be asserted that could give rise.....

"this affidavit is made for the purpose of inducing the buying.. etc

That affidavit is false. I was in possession to the property he was conveying to me. There were and are many other documented facts in the transaction which were untrue at the time of conveyance. I was defrauded. The title company should have paid up, I believe. Perhaps fraud in the factum, fraud in the inducement, etc. come into play?

Can this affidavit turn everything around and give cause to an action on my part?

Forgive the long post, couldn't make it any shorter.

 

[HomeGuru]

Your situation is a bit complicated and requires the help of your own attorney.

 

[satinfo]

Thank you for your response HomeGuru, very appreciated.
I totally understand the complexity of the situation. My post was limited only to this one aspect; can all conveyences subsequent to the transfer of that date be null and void based on the transaction and conveyance of that date being based on a false affidavit? In the conveyance, his affidavit stated he was in possession of the property and no one else had claimed or could claim possession to such; untrue in every sense. I was in possession and I was in possession before he even came on the scene.

That is only the tip of the "iceberg". Be advised, everything claimed is totally documented in public records.

My question to the experts is about that affidavit. If a property is conveyed and the conveyance has attached an affidavit which is totally and absolutely false, drawn and signed as part of the transfer and is part of the transaction, can the current state of title be pushed back to the initial state?

Can that document be the smoking' gun I need?

Thanks.. this is tough.. but now we have the Internet and very good folks who help each other.

 

[HomeGuru]

If I had the docs to review I could give you an answer. Your attorney would need to review the title report, title insurance policy and related documents.

 

[satinfo]

Hi,
I can provide any documentation you need. My research is extensive and I am not looking for a "free ride" nor is it my desire to legally bind anyone to this case. I sincerely need un-biased opinions from people such as yourself. I have read your posts in this forum. You know what you are talking about.

If at the beginning I lacked the rudimentary knowledge of real property law, I can assure you that at this juncture, I am extremely versed in Real Property law. This is not a standard run of the mill case. I looked up the information you published on this forum about yourself. Your area of expertise is in the realm of where I need help. If you could find it within you to guide me in this search for justice and help me make wrongs right, I can only offer my heartfelt thanks. I do not have the wherewithall to hire attorneys needed at this level of law. I have approached various attorneys during the years to no avail.

If in someway I could "grab" your interest by demonstrating my cause you would guide me; of that I'm certain. My original post only touched this situation. If I were to fully delineate the totality you would think me crazy. I'm hesitant to post the whole story for I myself am in disbelief. Yet the documentation speaks for itself.

Regards

 

[HomeGuru]

I apologize if I mislead you but I do not accept clients from this website nor do I provide advice outside of this website.

My statement should be understood to read: if I had the docs to review, I could give you a response, but since I don't, you need to hire your own attorney.

 

[satinfo]

No need to apologize. I am savy and of tough skin and my purpose is not to seek your services. I understand the workings of the system. I was not even aware you were an attorney. Point is I have a situation of an uncommon nature. In your response you state "if I had the docs to review, I could give you a response, but since I don't, you need to hire your own attorney".

This situation has been a thorn in my side for years. I thought I had left it behind yet once again it hits me in the face. Let me give you another little tidbit, just to ruffle some feathers, as some person stated in another thread.

I started the thread just touching on the title business. There are other sides to this. As an example of what all this involves.

1: I stated I purchased property and was given title to the property next door. A fact demonstrated by public records.

2: I was fooled into signing away a perfectly good title. Also a fact in records

So here goes... When the neighbor bought the property next door, which I held title to, and he was given title to the lot where I lived. Why do I say "lot"? because the house I was living in did not exist in the public record. He was conveyed a vacant lot. But the lot was not vacant. There was a house on the lot and I lived in it..ain't that something?

This happened at a time when it was a free-for-all here in Dade County. Public corruption was at an all time high and very many cases of drug money laundering were front page news. Dade County Florida was and is a very corrupt place. Again I emphasize that I have the documentation to demonstrate the veracity of my statements, regardless of what anyone says. It is documented by 6 years of my relentless pursuit of the truth.

Further, the house where I lived and which did not exist had structural defects. The structural engineer I hired to inspect the house determined the structure was not to code. This person was a professor of structutral engineering at the University of Miami, the head of the department. He was also a certified inspector for the county and held various other titles qualifying him as an expert witness at trial. Yes, I took this to trial.

You are interested in space travel from what I read in your bio, surely this can be considered "out of this world"

What I'm going to do is publish a website with scans of all documents. I will have these documents certified by the court.

Perhaps I'm rambling now or it appears I am. There is much more to this. What can I say? I speak the truth and it is documented.

Someone somewhere will pick up on this and get to the bottom of everything. Again, this is documented and no one will listen. I wouldn't either. How can something like this happen, I would ask. It happened and it happened to me.

Thanks

 

[satinfo]

Is there interest out there?

Can someone respond in some way? At least tell me to get outta here with this story. Something.

I've been on the Internet for 6 years now, at 8-10 hours a day. We are a community. We help each other. I help. Not in this forum but in others. I understand the law somewhat, and legal advice is dangerous. Treat this in the hypothetical. Does anybody want to hear this story?

Something please...Perhaps suggest another forum to go...

Mike

 

[vrzirn]

Wow! You have had a long time of grief. When they tranferred title didn't you get title insurance? That is the law in California if a bank is financing. If you paid cash perhaps you thought that expense not necessary. Not true. Anyway, it does appear this is terribly complicated and I would RUN with all my documentation to the best real estate attorney I could find and pay him for his evalutation. You could also go sit in a law library for several hours and do some research as well.

 

[satinfo]

Thank you for taking the time to reply.
Yes I had Title Insurance, yes I had an attorney. They were the ones that handled the title transfer. I was naive and believed the Title company and my attorney at the time when they said it was a "clerical error". By signing on the dotted line I lost $150,000 and got a bum title to boot.

But I believe I can push this all back based on the statements in the affidavit that was part of the transfer being false. But none of the experts here have an opinion on this.


Mike

 

[HomeGuru]

Thank you for taking the time to reply.
Yes I had Title Insurance, yes I had an attorney. They were the ones that handled the title transfer. I was naive and believed the Title company and my attorney at the time when they said it was a "clerical error". By signing on the dotted line I lost $150,000 and got a bum title to boot.

But I believe I can push this all back based on the statements in the affidavit that was part of the transfer being false. But none of the experts here have an opinion on this.


Mike

My response: on the contrary Mike. I expressed my opinion early on. Read my posts to you.

 

[satinfo]

Hi home guru,
I recall your post.

"If I had the docs to review I could give you an answer. Your attorney would need to review the title report, title insurance policy and related documents"

But my question on that affidavit pertained to basic law. Let me show by an example.

You purchase real property from somebody.
You are given a warranty deed and an affidavit by the seller.
The affidavit contains material facts to the state of Title at the time and statements contained therein are false. The conveyance was based on the facts contained in the affidavit.

Latin fraud- fraus
1 a: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage

specif
: a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby


Now then, in a general sense, can this transfer be made void based on the misrepresentation of facts as contained in the affidavit?

 

[HomeGuru]

Your situation is a bit complicated and requires the help of your own attorney.

My response: better get higher SAT info because this was my first response to you which stands as written.

 

[satinfo]

Thanks for pointing that out HomeGuru.
I don't want to be a pain or to come across negatively. You are very good and I understand your position. Am I to understand then that my question cannot be answered without taking into account other factors?

I'm looking at a warranty deed and an affidavit. The statements in the affidavit are false. I relied on that affidavit to execute the transfer. What is the state of that title? Clouded? Paper?

The question cannot be made any simpler. Can a real property conveyance be voided if a supporting document (an affidavit in my case) is fraudulent in fact and intent?

Yes or no??

your comment "better get higher SAT info" smells of sarcasm. I don't go to the doctor for him to tell me to take an aspirin.

 

[HomeGuru]

There are many factors that must be considered not just one document such as the affidavit that you write about.

In this case, you don't need a doctor. You need a surgeon and a team of specialists.

I have worked on real estate cases that involved fraud and rescision so it is entirely possible that a court of law could rule in your favor.