Louisiana ~ Estate sale question

[nusias9]

What is the name of your state Louisiana?


My parents purchased land in 1979 via Gulf States Title Corp (owner and seller).

Two days ago I discovered after all these years that we do not own legally own the land in spite of paying the loan off, having a deed on file at the records office, and paying taxes since 1979.

What I found out is as follows:

It seems as though the owner/seller died in 1975 and the company was liquidating it's various properties. This property was supposed to owned by this company and current indicate he never owned it to sell it to my family.

I contacted the son of the seller (whom is an attorney) and he told me all we can get is a refund on the 3 previous years we paid in taxes.

Since the son was the person whom actually liquidated the estate and is a real estate attorney himself, can we hold him responsible for selling us the property without holding a legal deed.

I know it seems strange but the land has been what he called "doubled deeded" and there was nothing I can do about it..
(note: the other deed holder has been paying taxes as well)

Please give advice with Louisiana Law as I am baffled to find out that we do not own our land after 30 years. I just cannot accept that we have to walk away and loose everything..

Can I make the son of the seller whom handled the estate refund me the money?

I have a
1) legal general resolution (record deed)
2) Bond for deed contract
3) plat survey certificate
4) 30 years of paid taxes

 

[nextwife]

Do you have a Title Insurance Owners Policy with parents named as Insured??

 

[nusias9]

In Louisiana title companies handle property sales.
In this case the title company was also the seller of the property and I'm sure that there was insurance.
Katrina destroyed 90% of our records with exception of what I stated in 1st post
That company is no longer in business and the owner of the Co. passed away.
Exactly whom is going to pay the policy anyway? The state or the heirs?

His son was handling the liquidation of the company and I think he was the one whom acted on his father behalf (executor of the estate) on the sale of the property my parents purchased.

The son is an attorney for a title company, and has all the records from his father's company. He stated that nothing can be done because his father's company no longer exists and there is no money in his estate.

I say if he sold (on behalf of the estate) property that did not belong to his father estate to my parents then why is he not responsible? He was most certainly able to tell me 30 years later that we do not own the land, but he didn't bother to make sure that the land belonged to his father before he sold it to my parents!

 

[nextwife]

In Louisiana title companies handle property sales.
In this case the title company was also the seller of the property.
That company is no longer in business and the owner of the Co. passed away.

However, is son was handling the liquidation of the company and I think he was the one whom acted on his father behalf (executor of the estate) on the sale of the property my parents purchased.

The son is an attorney for a title company, and has all the records from his father's company. He stated that nothing can be done because his father's company no longer exists and there is no money in his estate.

I say if he sold (on behalf of the estate) property that did not belong to his father estate to my parents then why is he not responsible?

A title policy would have an underwriter, The underwriter would be responsible to to pay the claim, IF there were an Owner's Policy, even if the agent is no longer in business. The underwriter receives a premium for insuring the sale from their agent. SOOOO, find out if your parents obtained an Owners Policy and contact the UNDERWRITER (such as Stewart, First American Title, Chicago Title, etc.).

Personally, I would NEVER agree to accept a title policy from a company affiliated with the seller. I strongly believe in using a third party vendor.

I would retain an attorney and make a claim against the estate.

 

[nusias9]

It's clear that you do not know anything about Louisiana law nor the processes that took place in this state in 1979. I'm not stupid I know about title insurance, but as I stated it was one company at that time.. Don't tell me what my parents should or should not have done in 79 when this was the process at that time.

I clearly asked for someone whom was familiar with the Louisiana law.. you are not!