Do i have a case ?

[divona2000]

...Realtor inviting us to a meeting with Lawyer Title Company, 911 coordinator,and himself to resolve the matter and stating that they are willing to help.

...went all the way out there traveling nearly 2 hrs to attend the planned meeting only to notice the Sheriff going inside the office with other people and letting us know the 911 coordinator is no longer on the job as from this minute.

Did the meeting still take place?
What did the Title Co. & their lawyer say/do to clear this up?

 

[promow]

Did the meeting still take place?
What did the Title Co. & their lawyer say/do to clear this up?

Meeting did not took place as it was planned to be in 911 coordinators office.
Never saw the layer from the Title Company but did talked briefly with the realtor whom was there whom said that he leaves it all in the hands of the Title Company and that we have to wait till a new 911 coordinator is put in place.I understood that the lawyer was on the phone in touch with the county commisioner and therefor did not showed up.
So far I have not heard from any body

 

[promow]

Today I received a e/mail from the lawyer of the Title Company recommending us not to go ahead for the moment with any action to put a new drive way or a mobile home on the land till there is a new 911 coordinator is appointed.
Obviously I do have a deadline to meet for the closing and not to loose our approval from the lender and not to mention a possible change in interest for mortgage.What to do ????

 

[Zigner]

Honestly, this is sounding like it's on YOU. YOU agreed to the driveway as called out in the paperwork.

 

[promow]

Honestly, this is sounding like it's on YOU. YOU agreed to the driveway as called out in the paperwork.

No Sir I did not agree to anything other than listen to them to solve the problem...and I quote from my first post:
"Obviously we do need now a 911 address to have our new home there but also facing a lot of extra cost and not to mention to bring this news to the owner of the property whom is going to loose all his tree’s and part of his yard and lets pray there is not a septic tank from them buried there or any other cables or pipes.

My question still is that if we do go ahead with making a new drive way as a apparently only way to obtain a 911 address... do we have a case to sue and recover the costs but yes as outlined in the first post we did sign the papers for that driveway as beeing informed and making us believe it was the excisting shared drive way and now I have been told not to do anything at all till we have a new 911 coordinator and we can all sit down in a meeting.

 

[promow]

Ps: The question is not about agreeing to any driveway at this point but more who is going to pay for one and/or is there going to be one and if so were?
If there is not going to be any drive way than my property is locked in without any possibility for access to a public road as one way or the other to have access to that I have to cross someone’s property some were somehow and if not than to build a new one and do I have to pay for it ?

 

[promow]

At the moment this is how I see it:
First of all we trusted and believed in experts doing there jobs in there trade but I acknowledge mistakes can and will be always made.
What I know now is that in my opinion first the seller of the property falsely made the realtor believe that there was a shared drive way while in reality he was living there illegal without a 911 address and this might be probably the REAL reason why he sold his mobile separate.
Second the realtor did not check to made sure conditions of the sale were met.
Third the Title Company made us and also realtor believe conditions were met by using different driveway papers instead being a one to be made brand new thru someone’s yard.
Last but not least than now the county screws up with not been able to supply a 911 address and I now may loose my loan offer and the cost made for appraisal fee’s and in the meantime I have not even resolved ONE SINGLE THING and sitting on a useless piece of property I cared and maintained for all those years as being my dream to live and retire on.

 

[John_DFW]

I would have them modify the offer to correct this defect, and move the closing date out. This should be the sellers issue to correct.

If that fails, I would ask for the escrow check back, move on and find another piece of land to purchase.

 

[promow]

I would have them modify the offer to correct this defect, and move the closing date out. This should be the sellers issue to correct.

If that fails, I would ask for the escrow check back, move on and find another piece of land to purchase.

@ John….read my first post.
This is not something what just happened but a few years back.
We can not find the seller back as there seems not even a ID from him on the paper work other than only a phone number what does not work no more.
Finding a other piece of land ???? after I worked on it for years ?
We have big barns and a double garage workshop on it also with elec and water and septic installed.
Also this land is attached to a other property of our family and this was the main reason to buy it so we could put our new home on it next to them.
You think it would be easy to sell a piece of land with not a address and not a drive way or do you want me just abandon the property and count my losses and throwing away my total life savings and start over saving again from my social security check income ???
I am not really sure what you advising me other than just to forget about it and that I have no case?

 

[John_DFW]

Today I received a e/mail from the lawyer of the Title Company recommending us not to go ahead for the moment with any action to put a new drive way or a mobile home on the land till there is a new 911 coordinator is appointed.
Obviously I do have a deadline to meet for the closing and not to loose our approval from the lender and not to mention a possible change in interest for mortgage.What to do ????

Apologies and please disregard.

I take it this is for a refinance then?

As others have stated, this is the kind of situation title insurance is for. They seem to be taking action.

There is probably nothing you can do but wait to refi, but you should be able to lock in the interest rate.

 

[promow]

Apologies and please disregard.

I take it this is for a refinance then?

As others have stated, this is the kind of situation title insurance is for. They seem to be taking action.

There is probably nothing you can do but wait to refi, but you should be able to lock in the interest rate.

John...no not a re-finance eighter.We have bought a mobile home several weeks ago to put on the land we bought several years ago and to retire in.
During the process of the loan application it came out of the blue that we did not have a 911 address and a driveway for that piece of property as we were made believe we did.
The mortgage for the loan on the new mobile is locked in but we have a deadline to close on and if we do not do that on time than we have to start the whole application procedure for a loan all over again including new fee’s like appraisal, interest and price increases.
I might even get denied a second time as things have changed when it comes to borrowing money for homes especially if it is a mobile home.
Nothing seems to be easy no more.
I just hope there will be soon some one acting as a 911 coordinator and someone makes a decision were the drive way is going to be and if it is not the shared drive way than who is going to pay for it. Now if that is me than I ask this forum do I have a case to sue for that money. So far none of the parties has mentioned anything about Title Insurance to me.

 

[promow]

After reading this I am not so sure about Title Insurance is going any help to me.Quote:The purchase of a home is basically a scam for scavenger lawyers and other unscrupulous persons.(This may sound like a very vicious and angry statement, but it is true!) The consumer is burdened with unnecessary fees and charges that they don’t understand and no one explains to them. I guess “buyer beware” is a term coined and practiced often by lawyers. Title insurance certainly falls within this category. The number of claims ever made against a title are extremely small and the amount of commission paid by these companies to lawyers is unconscionable. You pay an attorney to do a “title search” and of course the lenders don’t have much confidence in the average attorney’s ability, so they require lenders title insurance. But lenders then require title insurance just in case lawyers didn’t do their search thoroughly. Well, I guess that’s OK, but the lender requires the borrower to pay for their insurance!!! That is not OK. Plain and simple there needs to be an overhaul to the entire practice of buying, selling,and refinancing real estate, to determine what are legitimate charges and what are not. Title insurance is probably the biggest fraud being committed against borrowers that there is, but it will not go quietly into the cold dark night….unless we all help it.

 

[John_DFW]

Quite honestly you probably should consult with a lawyer, especially since a significant amount of time has passed and you always want to make sure no legal deadlines are missed for any filings or claims.

It does sound like the title company is attempting to correct the issue however, and maybe they think this can be resolved without using the title insurance at this point.

 

[promow]

Quite honestly you probably should consult with a lawyer, especially since a significant amount of time has passed and you always want to make sure no legal deadlines are missed for any filings or claims.

It does sound like the title company is attempting to correct the issue however, and maybe they think this can be resolved without using the title insurance at this point.

Thank you John and I agree.
This is probably were we are going to end up and that’s why I asked this forum : "Do I have a case ",to make sure not wasting my time and money.
We will wait first and see how long it is going to take to re-set that meeting and listen to what they have to say or suggest doing.
Right now I have been advised by Title Company's lawyer not to do anything not even starting considering to make a drive way or even put our new mobile home on the land till a new 911 coordinator is appointed but do I have to wait for ever ?

 

[divona2000]

...neighbor in the country behind our property had his land and mobile home put up for sale...Seller was able to sell the mobile home separately so we bought the land only and with some existing farm buildings...lender came asking for a 911 address of the property as there was not one...

I am wondering about this. Have you asked Emergency Services how you are supposed to receive help if a barn catches fire, and you don't have a 911 address to give?

to bring this news to the owner of the property whom is going to loose all his tree’s and part of his yard and lets pray there is not a septic tank from them buried there or any other cables or pipes...

If he owns the property, and you have a right-of-way easement (ingress/egress) over it, then you have the right to have the trees cut; owner retains wood (in most cases). There should not be any interfering tank/cables/pipe within a right of way.