Legal standing to file suit on property with title defects...

[Taka De]

Florida, Duval county.
Say someone purchased a tax certificate on a residential Duval county Florida property. This person attempts to force sale for payment. The owner of the property had purchased it with an inaccurate property description on title work with the issue being recorded as "3.1 ft" of the property, the tax certificate also says "3.1 ft" of the property. The property appraiser website says "35 ft" which is what it should be.
Do you think there was legal standing to have filed suit? The certificate may be worthless, as it was filed with incorrect property information. Can it simply be changed to show 35 ft. or may there be another way around it.
Any thoughts?

 

[quincy]

Florida, Duval county.
Say someone purchased a tax certificate on a residential Duval county Florida property. This person attempts to force sale for payment. The owner of the property had purchased it with an inaccurate property description on title work with the issue being recorded as "3.1 ft" of the property, the tax certificate also says "3.1 ft" of the property. The property appraiser website says "35 ft" which is what it should be.
Do you think there was legal standing to have filed suit? The certificate may be worthless, as it was filed with incorrect property information. Can it simply be changed to show 35 ft. or may there be another way around it.
Any thoughts?

Who are you in all of this?

A suit has already been filed? By whom and against whom was it filed?

 

[justalayman]

Florida, Duval county.
Say someone purchased a tax certificate on a residential Duval county Florida property. This person attempts to force sale for payment. The owner of the property had purchased it with an inaccurate property description on title work with the issue being recorded as "3.1 ft" of the property, the tax certificate also says "3.1 ft" of the property. The property appraiser website says "35 ft" which is what it should be.
Do you think there was legal standing to have filed suit? The certificate may be worthless, as it was filed with incorrect property information. Can it simply be changed to show 35 ft. or may there be another way around it.
Any thoughts?

let's say that if the certificate specifically listed 3.1 feet, then the purchaser received interest in that 3.1 feet. That means it is not worthless as the purchaser now has an interest in that 3.1 feet/

One has to return to what is advertised (by a legally dependable source)

the purchaser would have standing to sue to have the matter corrected if what was advertised to be sold was 35 feet (by a legally dependable source) as he did not receive what he bargained for.


and generally, very few things can simply be changed to correct such an issue. Each document regarding transfers of title are recorded and become a legal record. Changes, or actually amendments, must be properly recorded by the proper entity for it to have legal effect.

but here is something to consider:

maybe the land subject to foreclosure was only the 3.1 feet and the remaining 31.9 feet, while also owned by the same party, was not subject to foreclosure.

 

[FlyingRon]

I have no clue what you me by advertised. Advertisements generally mean SQUAT in real estate transactions. What matters is the purchase contract and the ultimate conveyed deed. I'm still waiting for the OP to explain just what is going on and what roll he is looking to advocate.

 

[Taka De]

Sorry, correction to a couple things. The lot does span 35ft. This shows correctly in the property appraiser website. The tax certificate and application for deed also describes 35ft.
However, the legal recording of the past deed at 3.5ft. being a certificate of title, and this one being filed against, was recorded as a special warranty deed of the property at 3.5ft.
Is a recorded tax certificate and application for deed required to match the recorded deed of title.
Taxes are clearly owed to the county, but where does the tax certificate holder stand?
(The proposed sale by tax deed 2 yrs. after the certificate was issued was stopped by a bankruptcy filing, and property was homesteaded.)
So confused.

 

[FlyingRon]

While the tax records and appraisal records are hints, they've got little LEGAL signfiicance (though if you've actually been paying taxes on the full amount, it might enter into certain legal actions).

You've still not explained just what is going on here. Who are YOU in this. If you are the current owner, what does YOUR deed say. What did YOUR title insurer say?
A special warranty deed only typically warrants that the person who is conveying that deed didn't do anything to cloud the title. If the title was by earlier errors, he's not responsible.

I suspect you're going to need a lawyer. This is especially necessary because you seem not to grasp the legal significance of the chain of title here nor can you communicate effectively enough to pose a question we can answer.

 

[Taka De]

Thank you... I'm the current owner in this mess and in the middle of selling this little $30,000. house with contract for deed with no warrantees. I'm trying to work through this with the buyer so I can get paid, therefore able to pay the lawyers to save my parents house from a foreclosure after their recent death. I'm hoping to wrap my brain around some of this with help from you guys, before walking into a law office with no direction.
The buyers already defaulted the first month, later made the payments. They decide to pay in full, when I pointed out the decimal point, they have reason to not pay and are still using the house. I'd rather sell than foreclose on them, so I'm taking all this to the attorney, once I find one...
The title company issuing the special warranty deed is responsible for changing the previous warranty deed from 35ft to 3.5ft. They say they don't keep records from 06, and the property flippers that hired them has gone out of biz.
The title company that I got my documents from says to hire a PI to find them as it was a warranty deed and they should help. I somehow doubt they care anymore. She says it would be cheaper than quiet title.. They also say the property appraiser/tax collector should not have changed the 3.5ft to 35ft. or should have changed it to 3.5ft and charge taxes on that. They should not have right to charge taxes on more than what my deed says, which again, is 3.5ft.
I paid less than $20,000 cash in 08. left to take care of family and didn't take care of the house taxes.. An investment firm paid in '09 and '10. Almost $10,000. in fees for that. Add interest, legal, bankruptcy fees to date... I may come out with something for a lawyer, but not enough. If incorrect filing of court documents by the tax office can give some relief than I'm trying to get that.
It's a lot to take into consideration as to where everyone stands in this. Maybe the city can do as they please. I'm thinking if other cases are thrown out of court for inaccurate filing, maybe something can be done with this.
If this isn't anymore clear, I give,, and thanks for trying..